Allowed

Sahdev Ram v. State

Rajasthan HC19 Apr 2018CRLAS/474/2018

Case brief

AI extract

What is this about?

In this S.B. Criminal Appeal, the High Court of Rajasthan allowed the appeal against the rejection of bail under Section 439 Cr.P.C. in a case involving offences under the SC/ST (Prevention of Atrocities) Act. The court set aside the impugned order and directed the release of the accused-appellant on bail subject to a personal bond and two surety bonds with an undertaking to appear as directed.

What did the court decide?

The impugned order dated 04.04.2018 is set aside and the accused-appellant is released on bail upon furnishing a personal bond of Rs. 80,000/- and two surety bonds of Rs. 40,000/- each.

Sahdev Ram 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. 474 / 2018

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Sahdev Ram S/o Narayan Ram, Aged About 38 Years, By Caste Jat, Resident of Basni Harisingh, Police Station Bhopalgarh District Jodhpur. (At Present Lodged in Central Jail, Jodhpur).

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----Petitioner

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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. RS Choudhary

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For Respondent(s) : Mr. KV Vyas, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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19/04/2018

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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 appellant, who is in custody in connection with FIR No.171/2017, Police Station Bhopalgarh, District Jodhpur for the offences under Sections 341, 323, 427, 302/34 IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocity) Act against the order dated 04.04.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur 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 Bheru Singh (PW-2), Sajjan Singh (PW-3), Bhagirath (PW-4) and Babulal (PW-5) all these witnesses have been examined before the trial court and

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(2 of 2)

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[CRLAS-474/2018]

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they have not supported the story of the prosecution. There is no other connecting evidence. The co-accused has already been enlarged on bail and the case of the present appellant is similar to that of the co-accused. 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 04.04.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Sahdev Ram S/o Narayan Ram arrested in connection with FIR No.171/2017, Police Station Bhopalgarh, District Jodhpur 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/-142

Sahdev Ram v. State

Case brief

What is this about?

What did the court decide?

Sahdev Ram v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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