Allowed

Ismail Khan S/O Abdul Hak B/C Muslim v. State of Rajasthan

Rajasthan HC9 Jun 2020CRLAS/149/2020

Case brief

AI extract

What is this about?

This Special Leave Petition/Criminal Appeal appeals a bail refusal under the SC/ST Act. The High Court, noting the appellant's age, ill health, and lack of framed charges, allowed the appeal and granted bail.

What did the court decide?

The appeal allowed; impugned order of 13.12.2019 set aside; appellant directed to be released on bail after furnishing bond and sureties.

Ismail Khan S/O Abdul Hak B/C Muslim Vs State of Rajasthan — Bail and Remand | 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. 149/2020

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Ismail Khan S/o Abdul Hak, Aged About 68 Years, R/o Laxmi Vihar, Gali No. 1, Purohit Ji Ki Tapri Kota Junction P.s. Railway Colony, Kota City Distt. Kota (At Present Confined In Central Jail Kota)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent For Appellant(s) : Mr. Shamsuddin Ansari For Respondent(s) : Mr. Sher Singh Mehla, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order

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09/06/2020

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The present criminal appeal under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.462/2019 registered at Police Station Railway Colony Kota for the offences under Section 376 IPC and Section 3(2)(v) of of the SC & ST (Prevention of Atrocities) Act, 1989.

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Counsel for the appellant submits that the appellant is 68/69 years of age and the allegations levelled against the appellant of having committed rape are not supported by the medical conducted of the appellant as well as from the medical of the prosecutrix. Charge sheet has been filed. Appellant is in jail since 16.9.2019 and the FIR was registered on account of the issue of demanding money with regard to the item which prosecutrix had purchased from his shop.

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(2 of 2)

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[CRLAS-149/2020]

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Counsel further submits that the charges have not been framed and trial is likely to take time. The appellant is unwell and hospitalized.

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I have considered the submissions and perused the challan papers as well as the medical report.

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Learned Public Prosecutor has opposed the appeal.

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Taking into consideration the overall facts and circumstances of the case, it would be just and expedient to order the release of the appellant on bail.

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The order dated 13.12.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Kota is set-aside and this appeal is accordingly allowed and it is directed that accused appellant Ismail Khan S/o Abdul Hak shall be released on bail provided he furnishes a personal bond in the sum of Rs.40,000/- together with two sureties in the sum of Rs.20,000/each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(SANJEEV PRAKASH SHARMA),J

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Brijesh 55.

Ismail Khan S/O Abdul Hak B/C Muslim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ismail Khan S/O Abdul Hak B/C Muslim v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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