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Appeal allowed; order dated 12.03.2019 setting aside; accused released on bail under Section 439 Cr.P.C. with personal bond of Rs. 20,000.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 681/2019
Anita Meena W/o Chetan Prakash B/c Meena, Aged About 32 Years, R/o Jhalawar At Present Gyatri Colony Jhalawar Dist. Jhalawar (At Present Accused Confined In Dist. Jail Jhlawar)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent For Appellant(s) : Mr. Sanjay Kumar Sharma, Adv. For Respondent(s) : Mr. Arvind Kumar Chawla, PP. For complainant(s) : Mr. KaUSHAL Singh, Adv.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA(V.J)
Order
04/06/2019
The petitioner has preferred this criminal appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities), Act, 1989 against the order dated 12.03.2019 passed by Special Judge SC/ST, Jhalawar whereby bail application moved by her under Section 439 Cr.P.C. in FIR No.69/2018 registered at Police Station, Jhalawar, Sadar Distt. Jhalawar for the offences under Sedction 364, 302, 201, 120(B) and 3(2)(V) SC/ST Act has been rejected.
The petitioner herself belonging to ST category and has a child of 11 months at the time when she was arrested. On account of her being in jail, the minor son is also incarcerated. Learned Counsel submits that charge-sheet has already been filed. He also relies on Smt. Jamuna Vs. State of Raj. 1998(3) RLW 187 and S.B.Criminal Misc. Bail Application No.546/2007 Smt. Islam
(2 of 2)
[CRLAS-681/2019]
Vs. State of Rajasthan dated 2.2.2017 to submit that in view of judgment of the Supreme Court in Sheela Barse & Anr vs Union Of India & Ors.-1986(3) SCC 632 , the welfare of a child is also required to be taken into consideration for the purpose of release of bail.
Counsel for the complainant has vehemently opposed the appeal.
However, this Court finds that as the charge-sheet has already been filed and looking into the contents as noted above, it would be in the best interest of the child that he is given an open atmosphere for development and should not suffer on account of any conduct of his parents hence, I am inclined to allow this appeal and set aside the order passed by the Court below dated 12.03.2019 and directed that accused-appellant Anita Meena W/o Chetan Prakash shall be released on bail under Section 439 Cr.P.C. in connection with aforesaid FIR provided she furnishes a personal bond of Rs.20,000/- with two sureties in the like amount to the satisfaction of the concerned Magistrate with the stipulation that she shall comply with all the conditions laid down under Section 437(3) Cr.P.C. .
(SANJEEV PRAKASH SHARMA(V.J)),J
NAVAL KISHOR /44
2 issues framed by the court
Whether bail should be granted to an accused from Scheduled Tribe category where a young child is also incarcerated alongside the mother.
Whether the contents of the charge-sheet and the welfare of the minor child justify setting aside the lower court's rejection of bail application.
Colour shows how this judgement treated each authority
Smt. Jamuna Vs. State of Raj.Referred¶12
Smt. Jamuna Vs. State of Raj. 1998(3) RLW 187
Smt. Islam Vs. State of RajasthanReferred¶1215
S.B.Criminal Misc. Bail Application No.546/2007 Smt. Islam Vs. State of Rajasthan dated 2.2.2017
Sheela Barse & Anr vs Union Of India & Ors.Relied on¶15
Sheela Barse & Anr vs Union Of India & Ors.-1986(3) SCC 632 · Who else cites this
3 provisions across 2 enactments
Anita Meena
State Of Rajasthan
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
