Allowed

Thana Ram v. State

Rajasthan HC6 Sept 2018CRLAS/356/2018

Case brief

AI extract

What is this about?

The High Court allowed a special appeal against the rejection of a post-arrest bail application under the SC/ST (Prevention of Atrocities) Act, 1989. The Court granted bail, setting aside the impugned order, considering the pending appeal of a co-accused, hostile witnesses, and the time likely required for the trial.

What did the court decide?

Impugned order rejecting post-arrest bail is set aside; appellant to be released on bail on personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each.

Thana Ram Vs State — Caste Atrocities | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Appeal No. 356/2018

¶3

Thana Ram Son of Joga Ram, By Caste Jat, Resident Of Lavera, Kherapa Police Station, District Jodhpur Rural, Presently Suspended Constable No. 464, Police Line, Pali. (Lodged In District Jail, Pali)

----Appellant

Versus

State Of Rajasthan

----Respondent

For Appellant(s) : Mr. Mahesh Bora, Sr. Advocate with Mr. V.R. Bishnoi For Respondent(s) : Mr. A.S. Rathore, P.P., for the State

¶9

HON'BLE MR. JUSTICE P.K. LOHRA

¶10

Order

¶11

06/09/2018

¶12

Accused-appellant has preferred this appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘Act of 1989’) to challenge order dated 07.02.2018, passed by Special Judge, SC/ST (Prevention of Atrocities), Pali, rejecting his post-arrest bail application in Sessions Case No.131/2017 arising out of FIR No.101/2011 of Police Station Guda Endla, District Pali. In the FIR, petitioner was charged for offence punishable under Sections 302, 330, 348, 331, 166, 167, 120-B IPC and Section 3(2)(v)(xiii) of the Act of 1989.

¶13

Besides appellant, one more accomplice, Constable Gain Singh, was also charged for the said offence along with SHO Bharat Devasi. It so happened that Bharat Devasi was

¶14

(2 of 3)

¶15

[CRLAS-356/2018]

¶16

immediately apprehended and was subjected to trial. Finally, he was convicted and an appeal against his conviction is pending consideration before this Court.

¶17

It is submitted by learned Senior Counsel that the sentence handed down to SHO, Bharat Devasi has been suspended by this Court while admitting his appeal. Learned Senior Counsel has further argued that during trial of SHO, Bharat Devasi, all the prosecution witnesses turned hostile yet the learned trial Court indicted him and sentenced him for the charged offence. Learned Senior Counsel further submits that in the backdrop of peculiar facts and circumstances of the case, being Constable, role of appellant cannot be equated with the SHO concerned. It is also submitted by learned Senior Counsel that so far only charges are framed against the appellant and, therefore, conclusion of trial is likely to take considerable time is yet another fact for releasing him on bail.

¶18

Per contra, learned Public Prosecutor has very candidly submitted that during trial of SHO, Bharat Devasi, all the prosecution witnesses turned hostile and his sentence has been suspended in appeal.

¶19

I have bestowed my consideration to the arguments. In my opinion, in the backdrop of facts and circumstances of the case, learned trial Court ought to have granted indulgence to the appellant for grant of bail.

¶20

Accordingly, the instant appeal is allowed, the impugned order passed by learned trial Court is set aside and it is ordered that accused-appellant, Thana Ram Son of Joga Ram, arrested in connection with F.I.R. No.101/2011 Police Station Guda Endla, District Pali, may be released on bail; provided he furnishes a

¶21

(3 of 3)

¶22

[CRLAS-356/2018]

¶23

personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

¶24

(P.K. LOHRA),J

¶25

Bharti/109

Thana Ram v. State

Case brief

What is this about?

What did the court decide?

Thana Ram v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Usha Rani Parihar Vs State of Rajasthan

Lichma Devi Vs Parasa Ram and Ors.

Samad Alias Abdul Samad and Ors. Vs Smt. Sayar Kumari Begani and Ors.

Chairman, R.S.R.T.C. Vs Hakaram and Anr.

Smt. Swati Bhatia Vs Lalit Upadhyay Shastri and Ors.

Bardi Chand Vs the Chief Manager R.F.C. and Ors.