Allowed

Iqbal Khan v. State

Rajasthan HC10 Apr 2018CRLAS/446/2018

Case brief

AI extract

What is this about?

This Special Criminal Appeal allowed the appellant's challenge against the rejection of his bail application. The High Court set aside the impugned order dated 03.04.2018 and granted bail to the appellant in connection with offences under the SC/ST Act and IPC, subject to furnishing a bond.

What did the court decide?

The impugned bail rejection order dated 03.04.2018 set aside; appellant released on bail upon furnishing Rs. 80,000 personal bond and two surety bonds of Rs. 40,000 each.

Iqbal Khan 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. 446 / 2018

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Iqbal Khan S/o Shri Yusuf Khan, By Caste Muslim, Resident of Ward No. 2, Ganeshgarh, Lalgarh Jattan Police Station, District Sri Ganganagar. (Confined in Central Jail, Sri Ganganagar)

----Petitioner

Versus

----Respondent

For Petitioner(s) : Mr. NK Sharma For Respondent(s) : Mr. Pankaj Avasthi, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Judgment / Order

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10/04/2018

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The instant appeal has been filed under Section 14A (2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.327/2017, Police Station Lalgarh Jattan, Distt. Sri Ganganagar for the offences under Sections 341, 323, 342, 34 of IPC, and Sections 3(2)(VA), 3(1)(r)(s) of SC/ST ACt against the order dated 03.04.2018 passed by the learned Special Judge SC/ST Act Cases, Sri Ganganagar whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Counsel for the appellant submits that the appellant has not committed the offences alleged against him and he is innocent. The learned court below has grossly erred in law and facts as well as well in declining to release the appellant on bail.

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Learned Public Prosecutor has opposed the prayer for bail.

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(2 of 2)

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[CRLAS-446/2018]

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

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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 03.04.2018 passed by the learned Special Judge SC/ST Act Cases Sri Ganganagar is set aside. It is ordered that the accused appellant Iqbal Khan S/o Shri Yusuf Khan arrested in connection with FIR No.327/2017, Police Station Lalgarh Jattan, Distt. Sri Ganganagar 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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Amit/112

Iqbal Khan v. State

Case brief

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What did the court decide?

Iqbal Khan v. State

Case brief

What is this about?

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