The High Court of Rajasthan allowed criminal appeals against bail rejection orders. Finding false implication and non-grievous injuries, the Court set aside the impugned order and enlarged appellants on bail pending trial.
Impegned order dated 12.01.2022 set aside; accused-appellants released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 54/2022
----Appellants
Versus
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 55/2022
Mukesh Kumar S/o Sh. Pratap Ram Ji, Aged About 28 Years, R/o Ankhob, P.S. Jhab, Dist. Jalore, At Present R/o Aburoad, Dist. Sirohi (Raj.). (At Present Lodged In Dist. Jail, Sirohi).
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. Nathu Singh Rathore through VC |
|---|---|
| For Respondent(s) | : Mr. A.R. Choudhary,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
03/02/2022
In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts,
(2 of 4) [CRLAS-54/2022]
therefore, hearing of the matter is being taken up only through video conferencing.
The instant appeals have been filed under Section 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in judicial custody in connection with F.I.R. No.02/2022, Police Station Rohida, District Sirohi, registered for the offences under Sections 341, 323, 427, 285, 286, 336 and 307/34 of the Indian Penal Code and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and Section 3/7 of Essential Commodities Act against the order dated 12.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
Heard learned counsel for the appellants through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
In compliance of Court’s earlier order dated 01.02.2022, learned Public Prosecutor submits the service report, as per that report notice has been served upon the complainant but despite service none appears on behalf of the complainant.
Learned counsel for the appellants stated that a Registration Certificate has been issued in favour of the appellants on 01.11.2021 which is available at page No.21 to 25 along with relevant documents; complainant Sandeep Jaiswal is the President of Petroleum Dealers Association, Sirohi and due to some business rivalry, appellants have falsely been implicated in this case; name of the appellants’ firm is Ms. Raviraj Associates, Sirohi and bio
(3 of 4)
[CRLAS-54/2022]
diesel has been purchased through invoice which is available at page No.27 of the charge-sheet; false allegation has been levelled by complainant that appellants have been involved in the business of selling illicit bio diesel; none of the injury is found to be grievous in nature on any vital part of the body or declared as dangerous to life; appellants are behind the bars since 04.01.2022; no investigation or recovery is pending against the appellants; and trial will take time. With these submissions, learned counsel for the appellants prayed that the benefit of bail may be granted to the appellants.
Per contra, learned Public Prosecutor has opposed the appeal of the accused-appellants and stated that as per rejection order, there is an allegation of committing offence punishable under Sections 341, 323, 427, 285, 286, 336 and 307/34 of the Indian Penal Code and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and Section 3/7 of Essential Commodities Act.
Thus, having regard to the entirety of facts and circumstances as available on record and looking to the facts that none of the injury is found to be grievous in nature on any vital part of the body or declared as dangerous to life; accusedappellants have falsely been implicated in this case; accusedappellants are behind the bars since 04.01.2022; and trial will take sufficiently long time, therefore, this Court is of the opinion that appeals deserve to be allowed and the appellants deserve to be enlarged on bail.
(4 of 4) [CRLAS-54/2022]
Consequently, the instant appeals are allowed. The impugned order dated 12.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi, is set aside. It is ordered that the accused-appellants - Mahesh Chandra S/o Sh. Ram Bahadur Ji and Roshan Sharma S/o Sh. Tarachand Ji, (Appeal No.54/2022) and Mukesh Kumar S/o Sh. Pratap Ram Ji (Appeal No.55/2022) all arrested in connection with F.I.R. No.02/2022, Police Station Rohida, District Sirohi, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
129-130-Rashi/-
3 issues framed by the court
Whether the Special Judge's order rejecting bail under Section 439 Cr.P.C. deserves to be set aside in these cases.
Whether evidence regarding false implication and nature of injuries supports granting bail.
Whether the appellants should be released on bail pending trial in offences under SC/ST Act and Indian Penal Code.
2 provisions across 2 enactments
Mahesh Chandra S/o Sh. Ram Bahadur Ji
Roshan Sharma S/o Sh. Tarachand Ji
Mukesh Kumar S/o Sh. Pratap Ram Ji
State of Rajasthan
Sandeep Jayalwal S/o Sh. Champak Lal
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
