Allowed

Magan S/O Shri Kishan v. State of Rajasthan

Rajasthan HC25 Nov 2020CRLAS/1272/2020

Case brief

AI extract

What is this about?

The High Court allowed two criminal appeals against bail rejection orders in a case involving offences under the SC/ST Act and IPC. The court quashed previous orders and directed the release of appellants upon furnishing a personal bond and two sureties to the trial court.

What did the court decide?

Impugned orders quashed; appellants directed to be released on bail upon furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the trial court.

Magan S/O Shri Kishan Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1270/2020

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Mukesh S/o Shri Khuddi @ Chetram, R/o Alipura Police Station Sadar, Hindaun Distt. Karauli Raj. (Accused Appellant is in Distt. Jail Karauli)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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Vishambhar S/o Shri Kundan, R/o Alipura Police Station Sada Hindaun Distt. Karauli Raj.

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1272/2020

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Magan S/o Shri Kishan, Aged About 58 Years, R/o Alipura, P.s. Sadar, Hindaun City, Distt. Karauli Raj. (Presently In Distt. Jail At Distt. Karauli)

¶12

----Appellant

¶13

Versus

¶14

State Of Rajasthan, Through P.p.

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Vishambhar S/o Kundan, R/o Alipura P.S. Sadar Hindaun City, Distt. Karauli Raj.

¶16

----Respondents

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For Appellant(s)	: Mr. Dinesh Yadav in CRL.A.S. No.1270/2020 & Mr. Anurag Sharma in CRLA.S. No.1272/2020 through V.C.
For Complainant(s)	: Mr. Abdul Rahim Khan through V.C.
For State	: Mr. Ganesh Gosingha, PP

¶18

HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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25/11/2020

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Heard on application for condonation of delay in filing the Criminal Appeal No.1270/2020.

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(2 of 3)

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[CRLAS-1270/2020]

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For the reasons mentioned in the application, application is allowed.

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Delay in filing the Criminal Appeal No.1270/2020 is condoned.

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The appellants have preferred these appeals aggrieved by orders dated 08.02.2020 & 10.08.2020 passed by Special Judge SC/ST (Prevention of Atrocities) Cases Karauli, whereby bail applications filed by the appellants were rejected.

¶27

F.I.R. No.571/2019 was registered at Police Station Hindaun District Karauli for offence under Sections 147, 148, 149, 323, 341, 447, 307 I.P.C. and Section 3(1)(S), 3(1)(g) & 3(2)(va) SC/ST Act.

¶28

It is contended by the counsel for the appellant that presence of Mukesh is shown at the place of occurrence. No overt act has been assigned to Mukesh.

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It is contended by counsel for the appellant-Magan that the allegation against him is of causing injury on leg. Similar allegation was levelled against co-accused who has been granted bail. It is also contended that in the statement there is allegation that appellants were armed with sharp weapon whereas a lathi has been recovered. Deceased has not sustained any sharp weapon injury. It is further contended that there is cross F.I.R.

¶30

Learned Public Prosecutor and counsel for the complainant have opposed the appeals.

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I have considered the contentions.

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(3 of 3)

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[CRLAS-1270/2020]

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Considering the contentions put-forth by the counsel for the appellants, I deem it proper to allow these appeals.

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The orders dated 08.02.2020 and 10.08.2020 are quashed and set aside and these appeals are allowed and the appellants are directed to be released on bail provided each of them furnishes a personal bond of Rs. 1,00,000/- (Rupees One Lakh only) and two sureties in the sum of Rs.50,000/- (Rupees Fifty thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.

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12. Copy of this order be placed in the connected file.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /84-85

Magan S/O Shri Kishan v. State of Rajasthan

Case brief

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Magan S/O Shri Kishan v. State of Rajasthan

Case brief

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