Allowed

Pramod Hingad and Anr. v. State

Rajasthan HC17 Apr 2018CRLAS/480/2018

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court at Jodhpur set aside the order rejecting bail for appellants charged with murder and SC/ST atrocities. The court held that the refusal of bail could not be sustained given the lack of connecting evidence and the Hostile status of the victim's statement, thereby granting bail subject to bond conditions.

What did the court decide?

The impugned order dated 09.04.2018 rejecting bail is set aside. Appellants released on bail with a personal bond of Rs.80,000 and two surety bonds of Rs.40,000 each.

Pramod Hingad 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. 480 / 2018

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Pramod Hingad Son of Sampat Lal

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Pankaj Hingad Son of Sampat Lal Hingad, All by Caste Hingad Mahajan, Residents of Mohi, Kankroli Police Station, District Rajsamand. (Lodged in District Jail, Rajsamand)

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----Petitioners

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Versus State of Rajasthan ----Respondent _____________________________________________________ For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. K.V. Vyas, P.P. For complainant Mr. Mahaveer Singh

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order 17/04/2018

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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 appellants, who are in custody in connection with FIR No. 13/2018, Police Station Kankroli, distt. Rajsamand for the offences under Sections 302/34 IPC and Section 3(2)(va) 3(1)(r) of SC/ST (Prevention of Atrocity) Act against the order dated 09.04.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Rajsamand whereby the

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(2 of 3)

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[CRLAS-480/2018]

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bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Counsel for the appellants submits that the first criminal appeal was not pressed with liberty to file appeal after recording statement of Smt. Kavita. It is submitted that now statement of Smt. Kavita has been recorded as PW/1 and she has been declared hostile. It is argued that there is no other connecting evidence against the appellants and the trial of the case will take sufficient long time to be concluded, therefore, the appellant may be enlarged on bail.

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Learned Public Prosecutor has opposed the prayer for bail.

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Counsel for the complainant submits that compromise has been arrived at between the parties.

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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 09.04.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Rajsamand is set aside. It is ordered that the accused-appellants 1) Pramod Hingad S/o Sampat Lal 2) Pankaj Hingad S/o Sampat Lal Hingad arrested in connection with FIR No. 13/2018, Police Station Kankroli, Distt. Rajsamand shall be released on bail; provided each of them 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

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(3 of 3)

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[CRLAS-480/2018]

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the stipulation to appear before that court on all dates of hearing

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and as and when called upon to do so.

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(MANOJ KUMAR GARG)J.

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bjsh

Pramod Hingad and Anr. v. State

Case brief

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Pramod Hingad and Anr. v. State

Case brief

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