Allowed

Devaram S/O Sharwan v. State of Rajasthan

Rajasthan HC15 Oct 2020CRLAS/1479/2020

Case brief

AI extract

What is this about?

The High Court allowed an S.B. Criminal Appeal to dismiss an order rejecting bail in an SC/ST Act case. The court directed release on bail after finding that no charge under Section 307 IPC was sustainable against the appellants.

What did the court decide?

The appeal was allowed; the impugned order was set aside; the appellants were directed to be released on bail with a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Devaram S/O Sharwan 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. 1479/2020

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Devaram S/o Sharwan, Aged About 31 Years, R/o Naya Gaon Pratappura, PS Pisangan, Distt. Ajmer. Presently Confined At Distt. Jail, Ajmer.

¶4

Mishrilal alias Hardayal S/o Raimal, Aged About 23 Years, R/o Naya Goan Pratappura, PS Pisangan, Distt. Ajmer. Presently Confined At Distt. Jail, Ajmer.

¶5

Rajuram S/o Sharwanram, Aged About 19 Years, R/o Naya Goan Pratappura, PS Pisangan, Distt. Ajmer. Presently Confined At Distt. Jail, Ajmer.

¶6

Ratan S/o Sh. Kanaram, Aged About 19 Years, R/o Nand PS Pushkar, Presently R/o Pisangan, Distt. Ajmer. Presently Confined At Distt. Jail, Ajmer.

¶7

Rajesh alias Raju S/o Ramkaran, Aged About 20 Years, R/o Majitiya Bhanwata, PS Pisangan, Distt. Ajmer. Presently Confined At Distt. Jail, Ajmer.

¶8

Rahul Sharma S/o Satyanarayan, Aged About 19 Years, R/o Adarsh Colony Pisangan, Distt. Ajmer. Presently Confined At Distt. Jail, Ajmer.

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----Appellants

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Versus

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State Of Rajasthan, Through PP

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Mahaveer S/o Ganeshi Lal, Aged About 33 Years, R/o Govindgarh, PS Pisangan, Distt. Ajmer, Raj.

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----Respondents

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For Appellant(s) : Mr. Kapil Gupta through VC For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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15/10/2020

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This appeal has been filed under Section 14-A(1) of SC/ST Act against the order dated 18.09.2020, passed by Special Judge,

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(2 of 3) [CRLAS-1479/2020]

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SC/ST (Prevention of Atrocities Cases), Ajmer vide which bail application of the appellants has been dismissed in FIR No. 132/2020 registered at Police Station Pisangan, District Ajmer, for the offences under Sections 143, 323, 341 and 307 of IPC.

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None has appeared on behalf of the complainant despite service.

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Heard learned counsel for the parties and perused the material made available on record.

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Lerned counsel for the appellants submits that all the present appellants have been falsely implicated in the matter. No case under Section 307 of IPC has been made out. They have been arrested with the charge of Section 326 and SC/ST Act, only on the basis of the injury alleged to be inflicted on lip of the injured. No criminal case has ever been registered against the appellants. Therefore, the appeal deserves to be allowed.

¶24

Learned Public Prosecutor has opposed the appeal but fairly admits that no case under Section 307 of IPC is made out. 6. Having regard to the rival submissions and keeping in view the facts and circumstances of the case and particularly, the fact that no case under Section 307 of IPC has been made out, the appellants deserve to be enlarged on bail.

¶25

Accordingly, the appeal is allowed and the impugned order dated 18.09.2020 is set aside and the appellants are directed to be released on bail provided each of them furnish a personal bond of Rs. 1,00,000/- (Rupees One Lac 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

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(3 of 3)

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[CRLAS-1479/2020]

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before that Court and any court to which the matter is transferred,

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on all dates of hearing and as and when called upon to do so.

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(SATISH KUMAR SHARMA),J

¶31

Hemant/pcg-37

Devaram S/O Sharwan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Devaram S/O Sharwan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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