Allowed

Salman and Anr. v. State

Rajasthan HC13 Apr 2018CRLAS/429/2018

Case brief

AI extract

What is this about?

High Court of Judicature for Rajasthan at Jodhpur allowed an appeal under S. 14-A(2) of SC/ST Act against rejection of bail. The court set aside the impugned order and directed release of appellants on bail subject to bond and personal surety.

What did the court decide?

Impugned order set aside; appellants released on bail with personal bond of Rs. 80,000/- and two surety bonds of Rs. 40,000/- each.

Salman 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 (Sb) No. 429 / 2018 1. Salman S/o Barkat Ali, B/c Taili Musalman, R/o Gudlai Marg, Mandia Road, Police Station Kotwali, District Pali.

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Altaf S/o Roshan Khan, B/c Taili Musalman, R/o 102, Gudlai Marg, Mandia Road, Police Station Kotwali, District Pali. (presently Lodged in District Jail Pali)

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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. Moti Singh

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

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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13/04/2018

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Heard learned counsel for the appellants and learned public prosecutor. Perused the material available on record.

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The instant appeal has been filed under Section 14-A (2) of SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No. 137/2018 Police Station Kotwali, District Pali for the offences under Sections 307, 341, 323/34 of IPC and U/s 3 [1][D] [Dh], 3 (2) (V) of SC/ST (P.A.) Act against the order dated 28.03.2018 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases Pali, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was dismissed.

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Counsel for the appellants submits that from perusal of the

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(2 of 2)

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injury report, it is revealed that all the injuries are found to be simple in nature. The learned court below has grossly erred in law and facts as well as well in declining to release the appellants on bail. 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 appellant, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 28.03.2018 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases Pali is set aside. It is ordered that the accused appellants (1) Salman S/o Barkat Ali and (2) Altaf S/o Roshan Khan arrested in connection with FIR No. 137/2018 Police Station Kotwali, District Pali shall be released on bail; provided they furnishe a personal bond of Rs. 80,000/- and two surety bonds of Rs. 40,000/- each of them 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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TN/73

Salman and Anr. v. State

Case brief

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Salman and Anr. v. State

Case brief

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