Special Criminal Appeal arising from a bail application in an SC/ST atrocity case. The High Court quashed the Special Judge's order and released the accused on bail with a personal bond and sureties.
Order dated 15.10.2020 quashed; appellant released on bail via personal bond of Rs.50,000/ and two sureties of Rs.25,000/ each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 1597/2020
Vishnu @ Vishnu Kumar S/o Dhanpal, R/o Ratanpur Barod, P.s Budadit, Dist. Kota (Raj.) (At Present Confined In Central Jail Kota)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Chandragupt Chopra, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
11/11/2020
The present criminal appeal under Section 14 of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.83/2020 registered at Police Station Budadit, District Kota Rural for the offences u/s 341, 323, 325, 504 and 34 IPC and Sections 3(1)(r)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act.
Counsel for the appellant submits that the appellant has been falsely implicated in this matter. Counsel further submits that appellant is in custody since long and conclusion of trial may take long time, hence the accused-appellant be released on bail.
Learned Public Prosecutor has opposed the appeal.
(2 of 2)
[CRLAS-1597/2020]
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the appellant on bail.
The order dated 15.10.2020 passed by the learned Special Judge, SC/ST (POA) Cases, Kota is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused appellant Vishnu @ Vishnu Kumar S/o Dhanpal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.
(NARENDRA SINGH DHADDHA),J
Brijesh 140.
2 issues framed by the court
Whether the accused-appellant in a special court case should be released on bail.
Whether the order of the Special Judge granting bail should be quashed and set aside.
4 provisions across 2 enactments
Vishnu @ Vishnu Kumar S/o Dhanpal
State Of Rajasthan
Jugraj Meena S/o Nandkishore
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
