Allowed

Satveer @ Fauzi v. State of Rajasthan

Rajasthan HC18 Jul 2019CRLAS/622/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal appeal filed under Section 14-A(2) of the SC/ST Act, setting aside the trial court's dismissal of the bail application. The appellant was directed to be released on bail subject to the execution of a personal bond with sureties.

What did the court decide?

The order dated 26.03.2019 dismissing the bail application is set aside; the appellant is to be released on bail subject to executing a personal bond in Rs. 50,000 with two sureties.

Satveer @ Fauzi Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Appeal No. 622/2019

¶3

Satveer @ Fauzi S/o Phulla Ram, Aged About 48 Years, By Caste Jat, Resident Of Kherubadi, Tehsil Rajgarh, District Churu. (Confined In District Jail, Churu)

¶4

----Appellant

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

----Respondent

¶8

For Appellant(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. A.R. Choudhary, P.P.

¶9

HON'BLE MR. JUSTICE VIJAY BISHNOI

¶10

Order

¶11

18/07/2019

¶12

This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 26.03.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Churu (hereinafter to be referred as ‘trial court’) in Criminal Misc. (Bail) Case No.112/2019, whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

¶13

The appellant has been arrested in FIR No.143/2014 of Police Station Hamirwas, District Churu for the offences punishable under Sections 147, 148, 302, 302/149, 307/149 of IPC and under Sections 3(1)(X), 3(2)(V) of SC/ST Act and under Section 3/25 of Arms Act.

¶14

Learned counsel for the appellant has submitted that eye witnesses namely Sandeep, Balwan, Bijendra, Lalit Kumar and Krishna have not supported the prosecution story and turned hostile. It is

¶15

(2 of 2)

¶16

[CRLAS-622/2019]

¶17

submitted that all the above named eye-witnesses in their court statements have specifically stated that they do not know who had fire gun shot which resulted in death of Matu Ram. It is also submitted that since all the eye-witnesses have not supported the prosecution story and turned hostile, it would be very difficult for the prosecution to prove the guilt of the appellant.

¶18

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

¶19

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

¶20

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act.

¶21

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 26.03.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Churu in Criminal Misc. (Bail) Case No.112/2019 is set aside. It is directed that appellant – Satveer @ Fauzi S/o Phulla Ram shall be released on bail in connection with FIR No.143/2014 of Police Station Hamirwas, District Churu provided he executes a personal bond in the sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

¶22

(VIJAY BISHNOI),J

¶23

127-Taruna/-

Satveer @ Fauzi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Satveer @ Fauzi 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

Irfan Khan Vs State of Rajasthan

Akbar Khan Vs State of Rajasthan

Om Prakash Vs State

Ratan Lal Vs State

Manoj Vs State of Rajasthan

Gurdeep Singh Vs State of Rajasthan