In a special criminal appeal, the High Court of Rajasthan allowed the appellant's appeal against the rejection of bail. The court enlarged the accused-appellant on bail by setting aside the impugned order and directing his release.
Appellant enlarged on bail by furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 1768/2019
Viram Singh @ Biram Singh S/o Shri Khem Singh, Aged About 24 Years, By Caste Rajput, Resident Of Bastava, Police Station Balesar District Jodhpur.
(At Present Lodged In Central Jail, Jodhpur)
----Appellant
Versus
State, Through Pp
----Respondent For Appellant(s) : Mr. P.M. Soni For Respondent(s) : Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/01/2020
The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 321/2019, Police Station Balesar, District Jodhpur for the offences under Sections 332, 353 and 323 I.P.C. and Section 3(1)(R)(S), 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 17/12/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Heard. Perused the material available on record.
It is submitted by learned counsel for the appellant that the appellant has been falsely implicated in the instant case. The conclusion of the trial will take long time.
(2 of 2) [CRLAS-1768/2019]
Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 17/12/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Viram Singh @ Biram Singh S/o Shri Khem Singh, arrested in connection with F.I.R. No. 321/2019, Police Station Balesar, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees : Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(VINIT KUMAR MATHUR),J
73-SanjayS/-
1 issue framed by the court
Whether the appellant deserves to be enlarged on bail given allegations of false implication and the time required for trial conclusion.
2 provisions across 2 enactments
Viram Singh @ Biram Singh
State
VINIT KUMAR MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
