Allowed

Arvind Kumar Sharma S/O Shri Ramjilal v. State of Rajasthan

Rajasthan HC2 Nov 2022CRLAS/1452/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal appeal filed under Section 14-A of the SC/ST (POA) Act. The court quashed an impugned order of the Special Judge and granted bail to the appellant Arvind Kumar Sharma, a co-accused in a murder and dacoity case involving caste atrocities, noting his lack of criminal record and the bail granted to a similarly situated co-accused.

What did the court decide?

Impugned order of the Special Judge quashed; Appellant granted bail on personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Arvind Kumar Sharma S/O Shri Ramjilal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1452/2022

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Arvind Kumar Sharma S/o Shri Ramjilal, Aged About 24 Years, Resident Of Dhani Koraka Ki Tan Rampura Police Station Khetri District Jhunjhunu At Present In Central Jail, Alwar

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----Accused/Appellant

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Versus

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State Of Rajasthan, Through The PP

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–------Non Appellant

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Vijay Singh Son Of Shri Nanadram, Aged About 22 Years, Resident Of Sohanpura Police Station Patan District Sikar

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----Complainant/Non Petitioner

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For Appellant(s) : Mr. Harendara Singh Sinsinwar with Mr. Jaswant Singh Rathore For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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02/11/2022

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In pursuance of direction of this Court dated 19.10.2022, learned Public Prosecutor has submitted report dated 16.10.2022 furnished by SHO Police Station Mehada, District Jhunjhunu which is taken on record.

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As per the factual report, the appellant does not have any criminal record.

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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.612/2020 registered at Police Station Neemrana, District Alwar (Police District Bhiwadi) for the offence (s) under Section(s) 302 & 201 of IPC and later on

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(2 of 3)

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[CRLAS-1452/2022]

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for the offence under Sections 302, 201 & 397/34 of IPC & Section 3(2)(v) of the Act of 1989.

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It is contended by learned counsel for the appellant that except recovery of a vehicle allegedly used in commission of offence, there is no other incriminating evidence against him. He submits that similarly situated co-accused Pramod Kumar @ Maccha from whose possession, the stolen vehicle was recovered, has already been extended benefit of bail by a co-ordinate Bench of this Court vide its order dated 20.04.2022. Learned counsel submits that appellant is in custody since 14.12.2020, trial of the case will take time, he has no criminal antecedents and prays for his release on bail.

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Learned Public Prosecutor has opposed the prayer.

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Taking into consideration the submissions advanced by learned counsel for the appellant, material on record, his length of custody, absence of criminal antecedents and release of similarly situated co-accused Pramod Kumar @ Maccha; 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 14.07.2022 passed by the court of learned Special Judge, SC/ST (POA) Cases, Alwar (Rajasthan) , is quashed and set-aside and the appeal is accordingly allowed. It is directed that accused-appellant Arvind Kumar Sharma S/o Shri Ramjilal 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 stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates

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(3 of 3)

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[CRLAS-1452/2022]

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of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 437(3) CrPC.

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(MAHENDAR KUMAR GOYAL),J

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CHHAYA AWASTHI /33

Arvind Kumar Sharma S/O Shri Ramjilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Arvind Kumar Sharma S/O Shri Ramjilal v. State of Rajasthan

Case brief

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