Allowed

Jitendra Kumar @ Kala v. State of Rajasthan

Rajasthan HC7 Dec 2020CRLAS/1045/2020

Case brief

AI extract

What is this about?

Three appeals were preferred against bail rejection orders under SC/ST Act. The trial court had dismissed bail applications relating to offences under IPC Sections 307, 323, 325 etc. and SC/ST Act. The high court allowed the appeals and granted bail to all appellants.

What did the court decide?

Appeals allowed; bail granted to appellants in FIR No.157/2020 upon execution of personal bond of Rs.50,000 with two sureties of Rs.25,000 each to the satisfaction of the trial court.

Jitendra Kumar @ Kala Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2020)

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(1 of 3)

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[CRLAS-1045/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 1045/2020

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Jitendra Kumar @ Kala S/o Shri Govind Ram, Aged About 34 Years, Ward No. 3, Amar Colony, Nai Mandi Ghadsana, Tehsil Ghadsana, District Sri Ganganagar. (Presently Lodged At Central Jail Sri Ganganagar).

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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Dharmpal S/o Shri Sohanlal, Aged About 37 Years, Ward No. 8, Rawla Mandi, Tehsil Rawla, Ps Rawla, District Sri Ganganagar.

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1016/2020

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Satyandra Kumar @ Ricky S/o Sh. Satpal, Aged About 43 Years, Ward No. 8, Ravlamandi, P.s. Ravla, Dist. Sriganganagar. (Presently Lodged At Central Jail Sriganganagar).

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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Dharampal S/o Sohan Lal, By Caste Dhank, R/o Ward No. 8, Ravla, Dist. Sriganganagar.

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----Respondents

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S.B. Criminal Appeal (Sb) No. 1046/2020

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Satpal Arora S/o Shri Hansraj, Aged About 73 Years, Ward No. 8, Rawla Mandi, Tehsil Rawla, District Sri Ganganagar (Raj.). (Presently Lodged At Central Jail Sri Ganganagar).

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Ravindra Kumar @ Shammi S/o Shri Satpal Arora, Aged About 33 Years, Ward No. 8, Rawla Mandi, Tehsil Rawla, District Sri Ganganagar (Raj.). (Presently Lodged At Central Jail Sri Ganganagar).

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----Appellants

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State Of Rajasthan, Through P.p.

Versus

(2 of 3)

[CRLAS-1045/2020]

Dharmpal S/o Shri Sohanlal, Aged About 37 Years, Ward No. 8, Rawla Mandi, Tehsil Rawla, Ps Rawla, District Sri Ganganagar.

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----Respondents

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For Appellant(s)	: Mr. Mahaveer Bishnoi, on VC
For Respondent(s)	: Mr. Vikram Sharma, PP
	Mr. Kuldeep Sharma for the
	Complainant -on VC

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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07/12/2020

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In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

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Heard learned counsel for the parties and perused the record of the case.

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These criminal appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) have been filed on behalf of the appellants being aggrieved with the orders dated 12.11.2020 & 24.08.2020 passed by the learned Special Judge, SC/ST Act Cases, Sri Ganganagar (hereinafter to be referred as ‘trial court’) in Criminal Case No.336/2020, 338/2020, 218/2020 whereby the trial court has dismissed the bail application filed on behalf of the appellants.

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The appellants have been arrested in connection with FIR No.157/2020 of Police Station Rawla, District Sri Ganganagar for the offence punishable under Sections 307, 323, 325, 341, 354 & 143 of IPC and Section 3(1)(W)(i) & 3(2)(v) of the SC/ST (Prevention of Atrocity) Act.

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(3 of 3)

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[CRLAS-1045/2020]

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Counsel for the appellants submits that the charge-sheet has already been filed

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Counsel for the appellants further submits that it is a case of sudden fight due to drain water amongst neighbors. Both the parties caused grievous injuries to each other.

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

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Accordingly, these criminal appeals filed under Section 14A(2) of SC/ST Act is allowed and the orders dated 12.11.2020 & 24.08.2020 passed by the learned Special Judge, SC/ST Act Cases, Sri Ganganagar is set aside. It is directed that appellants (1) Jitendra Kumar @ Kala S/o Shri Govind Ram (2) Satyandra Kumar @ Ricky S/o Sh. Satpal (3) Satpal Arora S/o Shri Hansraj (4) Ravindra Kumar @ Shammi S/o Shri Satpal Arora shall be released on bail in connection with FIR No.157/2020 of Police Station Rawla, District Sri Ganganagar provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(DR. PUSHPENDRA SINGH BHATI),J.

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154-/Jitender/Sanjay/-

Jitendra Kumar @ Kala v. State of Rajasthan

Case brief

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Jitendra Kumar @ Kala v. State of Rajasthan

Case brief

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