Allowed

Dildar Khan v. State

Rajasthan HC2 Dec 2020CRLAS/582/2020

Case brief

AI extract

What is this about?

The High Court allowed an appeal under Section 14A of the SC/ST Act against the dismissal of a bail application. The Court set aside the lower court order and directed the release of the appellant on bail upon execution of a personal bond and providing sureties, without expressing an opinion on the merits of the case.

What did the court decide?

The order dated 16.7.2020 dismissing the bail application is set aside. The appellant is released on bail subject to a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Dildar Khan Vs State — Caste Atrocities | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 582/2020

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Dildar Khan S/o Ebu Khan, Aged About 40 Years, Jalnagar Mohalla, Marwar Junction Police Station Marwar Junction District Pali. (At Present Lodged In District Jail Pali).

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----Appellant

¶5

Versus

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State of Rajasthan.

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Mahendra Kumar S/o. Shri Banshi Lal, resident of Jeengar Mohalla, Marwar Junction, District Pali.

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----Respondents

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For Appellant(s) : Mr. Kalu Ram Bhati, on VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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02/12/2020

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In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

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As per learned PP service upon respondent no.2 is complete.

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Counsel for the appellant submits that charge-sheet has already been filed.

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This criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of appellant being aggrieved with the order dated 16.7.2020 passed by the learned Special Judge, SC/ST Act Cases, Pali (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.352/2020), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

¶17

(2 of 2)

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[CRLAS-582/2020]

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The appellant has been arrested in FIR No.144/2020 of Police Station Marwar Junction, District Pali for the offences punishable under Sections 341, 324, 326 & 307 IPC and Sections 3(1)(R)(S) and 3(2)(Va)(S) of SC/ST Act.

¶20

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

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the appeal filed by the accused appellant under Section 14-A of SC/ST Act.

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Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and the order dated 16.7.2020 passed by the learned Special Judge, SC/ST Act Cases, Pali in Criminal Misc. Case No.352/2020 is set aside. It is directed that appellant – Dildar Khan S/o Ebu Khan shall be released on bail in connection with FIR No.144/2020 of Police Station Marwar Junction, District Pali provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(DR.PUSHPENDRA SINGH BHATI),J.

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83-Sanjay/-

Dildar Khan v. State

Case brief

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What did the court decide?

Dildar Khan v. State

Case brief

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What did the court decide?

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