Allowed

Sumer Kadwal S/O Shri Omprakash v. State of Rajasthan

Rajasthan HC20 Oct 2020CRLAS/1568/2020

Case brief

AI extract

What is this about?

Allowed the special criminal appeal against the order rejecting bail. Directed release of the appellant on bail subject to furnishing a bond and security, quashing the prior order dated 30.09.2020 without expressing opinion on merits.

What did the court decide?

Release of the appellant on bail with a personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each, quashing the order dated 30.09.2020.

Sumer Kadwal S/O Shri Omprakash 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. 1568/2020

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Sumer Kadwal S/o Shri Omprakash, Aged About 26 Years, R/o Jhajhariyo Ki Dhani Tan Birol PS Nawalgarh Distt. Jhunjhunu Raj. (Applicant Confined At Distt. Jail Jhunjhunu)

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----Applicant/Accused

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Versus

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State Of Rajasthan, Through PP

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--------Non-Applicant

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Balram S/o Shri Shyopalram Meena, R/o Todpura PS Udaipurwati Distt. Jhunjhunu Raj.

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----Complainant/Non-Applicant

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For Appellant(s)	:	Mr. O.P. Jhajhria through VC
For Respondent(s)	:	Mr. Vikash Kumar Jakhar for complainant(s) through VC Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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20/10/2020

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In view of withdrawal of the bail application no.12561/2020, the defects stand cured.

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The present appeal has been filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”). The appellant has been arrested in connection with FIR No.102/2020 registered at Police Station Udaipurwati, District Jhunjhunu for the offence(s) under Section(s) 143, 323, 341 & 307 IPC, Section 3/25 of Arms Act and Section(s) 3(1)(R)(S) & 3(2)(VA) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989.

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(2 of 3)

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[CRLAS-1568/2020]

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It is contended by learned counsel for the appellant that appellant is neither named in the FIR nor in the statements recorded under Section 161 Cr.P.C. He submits that there is no allegation against the appellant of using the firearm. Learned counsel submitted that the appellant is in custody since 24.06.2020, charge sheet has already been filed, co-accused Ravindra Katewa has been extended the benefit of bail by a coordinate Bench of this Court vide order dated 12.10.2020 and prays for his release on bail.

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Learned Public Prosecutor assisted by learned counsel for the complainant(s) opposed the appeal; but, could not distinguish case of the present petitioner from the case of Ravindra Katewa, co-accused already enlarged on bail.

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Taking into consideration the submissions advanced by learned respective counsels, the nature of allegation against the appellant, his length of custody, filing of the charge sheet and release of co-accused Ravindra Katewa on bail by a co-ordinate Bench of this Court; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the appellant on bail.

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The order dated 30.09.2020 passed by the learned Special Judge, SC/ST (POA) Cases, Jhunjhunu is quashed and set-aside and the appeal is accordingly allowed and it is directed that accused-appellant Sumer Kadwal S/o Shri Omprakash shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the

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(3 of 3)

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[CRLAS-1568/2020]

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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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(MAHENDAR KUMAR GOYAL),J

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MADAN MEENA /61

Sumer Kadwal S/O Shri Omprakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sumer Kadwal S/O Shri Omprakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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