Allowed

Bhura Saini @ Mukesh Kumar Saini S/O Ganguram @ Gangaram Saini B/C Mali v. State of Rajasthan

Rajasthan HC18 Sept 2019CRLAS/1796/2019

Case brief

AI extract

What is this about?

High Court dismissed criminal appeal under SC/ST (POA) Act arising from murder conviction. Court allowed appeal, quashed impugned order, and released appellant on bail with personal bond and two sureties after finding it just and expedient.

What did the court decide?

Release of appellant on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each; impugned order of Special Judge quashed and set-aside.

Bhura Saini @ Mukesh Kumar Saini S/O Ganguram @ Gangaram… — Caste Atrocities | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Appeal No. 1796/2019

¶3

Bhura Saini @ Mukesh Kumar Saini S/o Ganguram @ Gangaram Saini B/c Mali, Aged About 37 Years, R/o Dhani Ramkund, Tan Geejgarh, Police Station Sikandara, Distt. Dausa Raj. (At Present Confined In Distt. Jail Dausa)

¶4

----Appellant

¶5

Versus

¶6

State Of Rajasthan, Through P.p.

¶7

----Respondent For Appellant(s) : Mr. Surendra Singh For Respondent(s) : Mr. S.S. Ola, PP

¶8

HON'BLE MR. JUSTICE INDERJEET SINGH

¶9

Order

¶10

18/09/2019

¶11

The present criminal appeal under Section 14 (A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.123/2019 registered at Police Station Manpur, District Dausa for the offence under Section 302 of IPC and Section 3(2) (V) of SC/ST (Prevention of Atrocities) Act.

¶12

Counsel for the appellant submits that the appellant has been falsely implicated in this matter and allegation against the appellant is that he was having illicit relation with the deceased and just to kill the deceased, he hit the jeep with the deceased. Counsel further submits that one person, who has seen the alleged accident namely Ram Lal Ji has not named the driver of the jeep (Bolero) in his statement recorded under Section 161 Cr.P.C and during investigation, the police has also collected the call details of the appellant and the deceased Muneshi, according

¶13

(2 of 2)

¶14

[CRLAS-1796/2019]

¶15

to which, the appellant has never called the deceased on his mobile number. Counsel further submits that the challan has already been presented in the Court and conclusion of the trial may take long time.

¶16

Learned Public Prosecutor has opposed the appeal. 4. Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the appellant on bail.

¶17

The order dated 16.08.2019 passed by the learned Special Judge, SC/ST (POA), Cases, Dausa is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused appellant - Bhura Saini @ Mukesh Kumar Saini S/o Ganguram @ Gangaram Saini shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees twenty five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

¶18

Upendra/1

Bhura Saini @ Mukesh Kumar Saini S/O Ganguram @ Gangaram Saini B/C Mali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhura Saini @ Mukesh Kumar Saini S/O Ganguram @ Gangaram Saini B/C Mali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Govind Meena S/O Shri Daulatram B/C Meena Vs State of Rajasthan

Bachchan Singh Gurjar @ Phool Singh S/O Ganga Singh B/C Gurjar Vs State of Rajasthan

Parvinder S/O Late Sh. Rakesh Jain B/C Jain Vs State of Rajasthan

Sanno S/O Hiralal Vs State of Rajasthan

Dilip Singh S/O Mangu Singh B/C Sondhya Rajput Vs State of Rajasthan

Bharatram@Bharat Bairagi S/O Udaa Ji @ Udayram Vs State of Rajasthan