Allowed

Mahaveer Singh@Mahaveer Rana S/O Shri Parshuram Singh B/C Jat v. State of Rajasthan

Rajasthan HC23 Oct 2019CRLAS/2158/2019

Case brief

AI extract

What is this about?

Held that appellants are entitled to default bail as charge-sheet filed after 90-day limit. Special Judge order quashed; appellants released on personal bond with two sureties.

What did the court decide?

Quashed Special Judge order dated 07.09.2019; directed release of appellants on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Mahaveer Singh@Mahaveer Rana S/O Shri Parshuram Singh B/C… — Caste Atrocities | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Appeal No. 2158/2019

¶3

Mahaveer Singh@mahaveer Rana S/o Shri Parshuram Singh B/c Jat, Aged About 30 Years, R/o Vill. Jhudavai Tehsil Mathura Ps Farah Dist. Mathura (Up) At Present Labour House Of Shri Mukesh Sharma P Block Mahal Yojana Jagatpura Road Jaipur (At Present In Central Jail Jaipur)

¶4

Mahesh Chand S/o Shri Prem Singh B/c Pujari Brahmin, Aged About 26 Years, R/o Kolipura Rost Pipala Ps Chiksana Tehsil Bharatpur Raj. At Present Labour House Of Shri Mukesh Sharma P Block Mahal Yojana Jagatpura Road Jaipur (At Present In Central Jail Jaipur)

¶5

----Appellants

¶6

Versus

¶7

State Of Rajasthan, Through P.p.

¶8

----Respondent

¶9

For Appellant(s) : Mr. Amit Punia. For Respondent(s) : Mr. S.S. Mahla, P.P. Mr. Arjun Ram (Dy. S.P.) Mr. Indraaj Marodiya (SHO)

¶10

HON'BLE MR. JUSTICE INDERJEET SINGH

¶11

Order

¶12

23/10/2019

¶13

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.319/2019 registered at Police Station Shivdaspura, Jaipur for the offences under Section 376 (D) of IPC and Sections 3(1) (B) (i) (ii), 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989.

¶14

Counsel for the appellants submits that the appellants have been arrested by the police on 03.06.2019 and they were sent to

¶15

(2 of 3)

¶16

[CRLAS-2158/2019]

¶17

judicial custody by the concerned Magistrate vide order dated 04.04.2019. Counsel further submits that the challan against the appellants has been filed by the Investigating Agency after expiry of 90 days i.e. 07.09.2019. Counsel further submits that the appellants have filed application for default bail under Section 167 (2) Cr.P.C. after expiry of 90 days, as the challan was not filed within the prescribed period of 90 days. 3. In support of contentions, counsel for the appellants relied upon the judgment passed by the Supreme Court in the matter of Achpal @ Ramswaroop & Anr. Vs. State of Rajasthan

¶18

reported in 2018 Cr.L.R. (SC) 961. Counsel further relied upon the judgment passed by the Coordinate Bench of this Court at Principal Seat, Jodhpur in the matter of Paras Ram Vs. State of Rajasthan S.B. Criminal Misc. Bail No.9538/2018 decided on 14.01.2019 and submits that the appellants are entitled for default bail.

¶19

Learned Public Prosecutor assisted by Investigating Officer as well as concerned SHO fairly admits that the challan in this matter was filed after expiry of 90 days.

¶20

Keeping in view the facts and circumstances of the case, I am convinced that since the charge-sheet was filed against the appellants after expiry of 90 days, therefore, the appellants are entitled for grant of default bail.

¶21

The order dated 07.09.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused appellants- Mahaveer Singh@mahaveer Rana S/o Shri Parshuram Singh & Mahesh Chand S/o Shri

¶22

(3 of 3)

¶23

[CRLAS-2158/2019]

¶24

Prem Singh shall be released on bail provided each of them 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 they 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. A copy of this order be sent to Director General of Police, Rajasthan for information.

¶25

(INDERJEET SINGH),J

¶26

MG/174

Mahaveer Singh@Mahaveer Rana S/O Shri Parshuram Singh B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahaveer Singh@Mahaveer Rana S/O Shri Parshuram Singh B/C Jat 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajeev Kasliwal Vs Smt Vimla Devi Kasliwal and Anr.

Dhanushree Meena (Minor) through Her Parents and Natural Guardian, D/O Shri Vinod Kumar Meena Vs State of Rajasthan

Gonind Sahai Gupta S/O Late Sh. Narayan Sahai Vs Hari Babu @ Harish Kumar Saxsena S/O Sh. Kundan Lal Saxena

Munna Qureshi Vs Rais Qureshi

Surendra Kumar Tambi S/O Shri Gulabchand Tambi Vs Jairamdas Chhangani S/O Chhogamal

Gopal Lal Pareek S/O Shri Kanhaiyalal Vs Kanhaiyalal S/O Late Shri Govind Baksh @ Bhori Lal