Allowed

Sushil @ Sunil Kumar v. State of Rajasthan

Rajasthan HC28 Jul 2023CRLAS/1078/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail appeal, set aside the Special Court's rejection order, and released the appellant on bail with personal and two surety bonds of Rs.1,00,000 and Rs.50,000 each, noting the dispute was resolved amicably.

What did the court decide?

The impugned order is set aside. The appellant is released on bail against a personal bond of Rs.1,00,000 and two surety bonds of Rs.50,000 each.

Sushil @ Sunil Kumar Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

¶1

[2023:RJ-JD:24050]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Appeal No. 1078/2023

¶4

Sushil @ Sunil Kumar S/o Sh. Bastiram, Aged About 22 Years, R/o Village Hakmabad, Tehsil Sadulshahar, Distt. Sriganganagar(Presently Lodged In Central Jail Sriganganagar)

¶5

----Appellant

¶6

Versus

¶7

State Of Rajasthan, Through Pp 2. Ramlal S/o Sh. Jeetram, Aged About 40 Years, R/o Ward No.9 Hakmabad Tehsil Sadulshahar Distt. Sriganganagar(Raj).

¶8

----Respondents

¶9

For Appellant(s)	: Mr. Himmat Jagga
For Respondent(s)	: Mr. Saleem Khan, PP
	Mr. Bhoop Singh, for the respondent No.2

¶10

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

¶11

28/07/2023

¶12

The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.133/2023, Police Station Lalgarh Jatan, District – Sriganganagar, for the offences under Sections 363, 366A of IPC and Section 3(2)(va) of SC/ST Act against the order dated 01.06.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Sriganganagar whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2) Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further

[2023:RJ-JD:24050]

[CRLAS-1078/2023]

(2 of 2)

submitted that parties have resolved their dispute amicably. The accused-appellant is in custody since long and the trial of the case will take long time. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

¶17

Learned Public Prosecutor has vehemently opposed the prayer for bail.

¶18

Learned counsel for the complainant has not disputed the aforesaid fact that parties have resolved their dispute amicably. 5) Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

¶19

Consequently, the instant appeal is allowed. The impugned order dated 01.06.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Sriganganagar is set aside. It is ordered that the accused-appellant Sushil @ Sunil Kumar S/o Sh. Bastiram , arrested in connection with FIR No.133/2023, Police Station Lalgarh Jatan, District – Sriganganagar, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/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.

¶20

(MADAN GOPAL VYAS),J

¶21

316-neha/-

Sushil @ Sunil Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sushil @ Sunil Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dinesh Ram Vs State of Rajasthan

Shrawanram Vs State of Rajasthan

Satveer Singh @ Sattu Vs State of Rajasthan

Vinod Khan Vs State of Rajasthan

Nikhil Khant Vs State of Rajasthan

Sukhmandar Singh Vs State of Rajasthan