Allowed

Ramsingh Son of Shri Ramcharan Kherwa v. State of Rajasthan

Rajasthan HC19 Jul 2022CRLAS/249/2022

Case brief

AI extract

What is this about?

Special Leave Petitioner contests bail refusal in a murder and Sections of SC/ST (Prevention of Atrocities) Act case. The High Court held the appellant deserves release as testimony relies solely on one witness, trial would be lengthy, and no fruitful purpose is served by continued detention.

What did the court decide?

Accused-appellant released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Ramsingh Son of Shri Ramcharan Kherwa 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. 249/2022

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Ramsingh Son Of Shri Ramcharan Kherwa, Aged About 46 Years, Resident Of Village Hathiyadeh, Police Station Bhanwargarh, District Baran (Raj.) (At Present Confined In District Jail Baran)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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Harilal Son Of Gorya Shahria, Resident Of Karvari Khurd, Police Station Kishanganj, District Baran (Raj.)

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----Respondents

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For Appellant(s) : Mr. Pushpendra Kumar Pandey For Respondent(s) : Mr. BL Nasuna, PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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19/07/2022

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Service has been affected upon the complainant for his participation in hearing of bail plea but no one has put in appearance on his behalf.

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The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 136/2020 Police Station Bhanwargarh, District Baran for the offences under Section 302 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

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Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

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It is submitted by learned counsel for the appellant that the accused-appellant has falsely been implicated in the case. He has nothing to do with the alleged offences. In fact, the actual eye witness account of the incident is not available on record. The

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(2 of 2)

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[CRLAS-249/2022]

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entire case of the prosecution is based upon testimony of one Shankar Gurjar for which it is stated the he saw the accused nearby the crime place with clothing smeared with blood. The said witness Shankar has been examined in the trial as PW- 6 and he has not deposed any incriminating evidence against the appellant. Trial is likely to take long time to conclude and keeping the accused-appellant behind the bars would serve no fruitful purpose, therefore, benefit of bail may be granted to the appellant.

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Per contra, learned Public Prosecutor has vehemently opposed the appeal.

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Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, I am of the opinion that the appellant deserves to be enlarged on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 21.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran in Criminal Misc. Application No. 15/2022 is set aside. It is ordered that the accused-appellant- Ramsingh Son Of Shri Ramcharan Kherwa arrested in connection with aforesaid FIR , shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/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.

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(FARJAND ALI),J

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SAHIL/80

Ramsingh Son of Shri Ramcharan Kherwa v. State of Rajasthan

Case brief

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Ramsingh Son of Shri Ramcharan Kherwa v. State of Rajasthan

Case brief

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