Allowed

Suraj Singh Son of Shri Jagdish v. State of Rajasthan

Rajasthan HC3 Jan 2023CRLAS/1230/2022

Case brief

AI extract

What is this about?

This single judge order disposes of a Criminal Appeal under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989, filed by four appellants against their refusal of bail. The Court, without expressing an opinion on the merits of the case, deems it just and proper to enlarge the appellants on bail, quashing the impugned order of the Special Judge.

What did the court decide?

Quashed order refusing bail; directed release of appellants on personal bond of Rs.1,00,000/ with two sureties of Rs.50,000/- each.

Suraj Singh Son of Shri Jagdish Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 1230/2022

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Suraj Singh Son Of Shri Jagdish, Aged About 22 Years, Resident Of Khan Ki Jhopadia P.s. Anta Dist. Baran (Presently Confined At Dist. Jail Baran)

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Govind @ Golu Son Of Shri Jagdish, Aged About 25 Years, Resident Of Khan Ki Jhopadia P.s. Anta Dist. Baran (Presently Confined At Dist. Jail Baran)

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Pratap Singh Son Of Shri Heera Singh, Aged About 45 Years, Resident Of Khan Ki Jhopadia P.s. Anta Dist. Baran (Presently Confined At Dist. Jail Baran)

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Lakhan Singh Son Of Shri Pratap Singh, Aged About 20 Years, Resident Of Khan Ki Jhopadia P.s. Anta Dist. Baran (Presently Confined At Dist. Jail Baran)

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----Appellants

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Versus

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State Of Rajasthan, Through P.p

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Mohan Lal Son Of Shri Choth Mal, Aged About 45 Years, Resident Of Khan Ki Jhopadia P.s. Anta Dist. Baran

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----Respondents

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For Appellant(s) : Mr. Girish Khandelwal, Adv. For : Mr. Laxman Meena, P.P., Respondent(s) Mr. Samarth Sharma, Adv.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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03/01/2023

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The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act of 1989’) has been filed in connection with FIR No.230/2022 registered at Police Station Anta, District Baran for the offence under Section(s) 341, 323, 307 & 34 of IPC and under Section(s) 3(1)(r) (S)3(2)(va) of the Act of 1989.

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It is contended by learned counsel for the appellants that appellants are innocent and have falsely been implicated in this case. He further submits that charge sheet has been filed and it is a matter of cross case. He also submits that accusedappellants are in judicial custody since long and the conclusion of the trial will take long time, hence prays for their release on bail.

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Learned Public Prosecutor has opposed the appeal.

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Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the appellants on bail.

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The order dated 20.06.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Baran is quashed and set-aside and

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this appeal is accordingly allowed. It is directed that accused appellants 1.Suraj Singh Son of Shri Jagdish, 2.Govind @ Golu Son of Shri Jagdish, 3.Pratap Singh Son of Shri Heera Singh & 4.Lakhan Singh Son of Shri Pratap Singh shall be released on bail provided each of them 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 they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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(UMA SHANKER VYAS),J

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DANISH USMANI /03

Suraj Singh Son of Shri Jagdish v. State of Rajasthan

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Suraj Singh Son of Shri Jagdish v. State of Rajasthan

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