Allowed

Piyush Munga v. State

Rajasthan HC11 Jan 2021CRLAS/1082/2020

Case brief

AI extract

What is this about?

The High Court allowed criminal appeals under Section 14(2) of the SC/ST Act filed by three appellants convicted of atrocities. The Court quashed the trial court's bail rejection order without expressing an opinion on merits and directed release on bail.

What did the court decide?

Appellants directed to be released on bail by executing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each and appearing before the trial court.

Piyush Munga Vs State — Caste Atrocities | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 1082/2020

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Piyush Munga S/o Sh. Manjeet Lal, Aged About 25 Years, R/o 1/248, Housing Board, Jawahar Nagar, Sri Ganganagar. (Presently Lodged At District Jail, Sri Ganganagar).

¶4

----Appellant

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Versus

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State of Rajasthan.

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Sunil Kumar S/o Gyan Chand Singiwal, Aged About 26 Years, R/o Ward No. 59, Police Chowki, Sureshiya, Dist. Hanumangarh.

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----Respondents

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Connected With

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S.B. Criminal Appeal No. 1083/2020

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Shailesh Vyas S/o Sh. Shyam Sunder, Aged About 22 Years, R/o House No. 124, Shiv Colony, Sri Ganganagar. (Presently Lodged At District Jail, Sri Ganganagar).

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----Appellant

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Versus

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State, Through Pp

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Sunil Kumar S/o Gyan Chand Singiwal, Aged About 26 Years, R/o Ward No. 59, Police Chowki, Sureshiya, Dist. Hanumangarh.

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----Respondents

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S.B. Criminal Appeal No. 1084/2020

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Vijay Kumar @ Vijay Langer S/o Sh. Bansallal, Aged About 33 Years, R/o Ward No. 48, Gali No. 4, Dhanak Mohalla, Near Indra Chowk, Sri Ganganagar. (Presently Lodged At District Jail, Sri Ganganagar).

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----Appellant

¶20

Versus

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State, Through Pp

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Sunil Kumar S/o Gyan Chand Singiwal, Aged About 26 Years, R/o Ward No. 59, Police Chowki, Sureshiya, Dist. Hanumangarh.

----Respondents

(2 of 3)

[CRLAS-1082/2020]

For Appellant(s) : Mr. Nishant Bora For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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11/01/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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These criminal appeals under Section 14 (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) have been filed on behalf of the appellants being aggrieved with the order dated 09.12.2020 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Act Cases, Sri Ganganagar (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case Nos.375/2020, 376/2020 and 379/2020, whereby the trial court has dismissed the bail applications filed on behalf of the appellants.

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The appellants have been arrested in FIR No.303/2020 of Police Station Jawaharnagar, District Sri Ganganagar for the offences punishable under Sections 307, 323, 324, 325, 341, 147, 148, 149 IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act.

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

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Learned counsel for the appellants has shown that out of 16 injuries, all are simple in nature but for injury No.12, which is grievous in nature but no dangerous to life.

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Learned Public Prosecutor opposes the appeals.

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(3 of 3)

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[CRLAS-1082/2020]

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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 appeals filed by the accused-appellants under Section 14 (2) of SC/ST Act.

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Accordingly, these criminal appeals filed under Section 14 (2) of SC/ST Act are allowed and the order dated 09.12.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Criminal Misc. Case Nos.375/2020, 376/2020 and 379/2020 are set aside. It is directed that appellants – (1) Piyush Munga S/o Sh. Manjeet Lal, (2) Shailesh Vyas S/o Sh. Shyam Sunder and (3) Vijay Kumar @ Vijay Langer S/o Sh. Bansallal shall be released on bail in connection with FIR No.303/2020 of Police Station Jawaharnagar, District Sri Ganganagar provided each of them execute 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 their 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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153-155 Zeeshan/-

Piyush Munga v. State

Case brief

What is this about?

What did the court decide?

Piyush Munga v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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