Allowed

Sohan Singh v. State

Rajasthan HC11 Apr 2018CRLAS/383/2018

Case brief

AI extract

What is this about?

The High Court allowed the S.B. Criminal Appeal filed under Section 14A(2) of the SC/ST (PA) Act. The court set aside the trial court's order rejecting bail and released the appellant with a personal bond and two surety bonds to appear on hearing dates.

What did the court decide?

Impugned order dated 13.03.2018 set aside; appellant released on bail with personal bond of Rs.80,000 and two surety bonds of Rs.40,000 each.

Sohan Singh 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. 383 / 2018

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Sohan Singh Son of Mohan Singh, Aged About 48 Years, By Caste Rajput, Resident of Dehroli, Khatubadi Police Station, Distt Nagaur. (Lodged in District Jail, Merta)

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Shekhar Mewara

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For Respondent(s) : Mr. Ashok Upadhyaya, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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11/04/2018

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Heard the learned counsel for the appellant 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 appellant, who is in custody in connection with FIR No.40/2017, Police Station Khatu Badi, District Nagaur for the offences under Sections 279, 325, 323, 429, 307 IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocity) Act against the order dated 13.03.2018 passed by the Special Sessions Judge, SC/ST Act Cases, Merta whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. Earlier the appellant also moved criminal appeal which was dismissed by this Court on 19.02.2018.

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Counsel for the appellant submits that after dismissal of the earlier criminal appeal, challan of the case has already been filed.

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(2 of 2)

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[CRLAS-383/2018]

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No investigation is pending. The accused-appellant is 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-appellant.

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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 appellant, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 13.03.2018 passed by the Special Sessions Judge, SC/ST Act Cases, Merta is set aside. It is ordered that the accused-appellant Sohan Singh Son of Mohan Singh arrested in connection with FIR No.40/2017, Police Station Khatu Badi, District Nagaur shall be released on bail; provided he furnishes 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/-165

Sohan Singh v. State

Case brief

What is this about?

What did the court decide?

Sohan Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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