Allowed

Shankar Lal and Anr. v. State

Rajasthan HC20 Mar 2018CRLAS/371/2018

Case brief

AI extract

What is this about?

This appeal challenged the rejection of a bail application by the Special Court in a Scheduled Caste/ST atrocity case. The High Court quashed the impugned order and granted bail to the appellants, directing them to furnish personal and surety bonds.

What did the court decide?

The impugned order dated 27.02.2018 was set aside and the appellants were released on bail upon furnishing personal and surety bonds.

Shankar Lal and Anr. Vs State — Caste Atrocities | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 371 / 2018

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Shankar Lal S/o Shri Shyam Lal Kharoke, Aged About 21 Years, R/o- Village Pari, P.S. Bhopalsagar, Udaipur.

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Saleem Khan S/o Shri Mamur Khan, Aged About 42 Years, R/oBehind Railway Station, Heerawas, Ward No. 20, Fateh Nagar, Udaipur. (Presently Lodged in Central Jail, Udaipur)

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----Petitioners

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Versus

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The State of Rajasthan

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----Respondent

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For Petitioner(s) : Mr. Deepak Menaria

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For Respondent(s) : Mr. Pankaj Awasthi, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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20/03/2018

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Heard the learned counsel for the appellants and the learned Public Prosecutor. Perused the material available on record.

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The instant appeal has been filed under Section 14A (2) of SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with FIR No.23/2018, Police Station Fateh Nagar, District Udaipur for the offences under Sections 307/34, 115 IPC and Sections 3(2)(v) of SC/ST (Prevention of Atrocity) Act against the order dated 27.02.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

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Counsel for the appellants submits that the main allegation

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(2 of 2)

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[CRLAS-371/2018]

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of using firearm is against another co-accused. Further similarly situated co-accused Puran Puri has already been released on bail by this Court and the case of the present appellants is similar to that of the co-accused. The accused-appellants are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellants.

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Learned Public Prosecutor has opposed the prayer for bail.

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Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 27.02.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur is set aside. It is ordered that the accused-appellants (1) Shankar Lal S/o Shri Shyam Lal Kharoke (2) Saleem Khan S/o Shri Mamur Khan arrested in connection with FIR No.23/2018, Police Station Fateh Nagar, District Udaipur shall be released on bail; provided they furnish a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/each to the satisfaction of the 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.

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(MANOJ KUMAR GARG)J.

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Ms/-205

Shankar Lal and Anr. v. State

Case brief

What is this about?

What did the court decide?

Shankar Lal and Anr. v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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