Allowed

Magendra Singh @ Golu Panjabi S/O Majindra Singh v. State of Rajasthan

Rajasthan HC1 Jun 2023CRLAS/1230/2023

Case brief

AI extract

What is this about?

This High Court special criminal appeal was filed seeking bail for an appellant accused of offences under SC/ST Act and IPC. The Court allowed the appeal, quashed the impugned order, and directed the release of the appellant on bail upon furnishing bond and sureties.

What did the court decide?

Impugned order dated 25.04.2023 quashed; appellant directed to be released on bail on personal bond of Rs. 1,00,000/ and two sureties of Rs. 50,000/ each.

Magendra Singh @ Golu Panjabi S/O Majindra Singh Vs State… — Caste Atrocities | Rajasthan HC (2023)

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[2023:RJ-JP:12788]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1230/2023

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Magendra Singh @ Golu Panjabi S/o Majindra Singh Age 19 years R/o House No.-15 Punarwaas Coloni Gandhi Nagar Kachchi Basti Than Vigyan Nagar Kota. (At present confined at Central Jail Kota)

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----Appellant

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Versus

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State of Rajasthan through P.P.

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----Respondent

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Sunny S/o Jagdish R/o Walmiki Basti Soorsagar Kota City Udhyog Nagar Kota Rajasthan.

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Complainant/Respondent

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For Appellant(s) : Mr. Abdul Rahim Khan, Adv. For : Mr. Riyasat Ali, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

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01/06/2023

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Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”) has been made in the present case.

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The present criminal appeal under Section 14-A (2) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.23/2023 registered at Police Station Udhyog Nagar (Kota City), District Kota City

[2023:RJ-JP:12788]

(2 of 3)

[CRLAS-1230/2023]

for the offence under Section(s) 341, 323, 324, 307 & 34 of IPC, under Section(s) 3(2)(v),(va) of the Act of 1989 and under Section(s) 4/25 of Arms Act.

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It is contended by learned counsel for the appellant that the appellant is innocent and has falsely been implicated in this case. He further submits that co-accused have already been enlarged on bail by this Court as well as by a Co-ordinate Bench of this Court. He also submits that charge sheet has been filed. It is also contended that the accused-appellant has been in judicial custody since long and the conclusion of the trial will take long time, hence prays for his 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 appellant on bail.

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The order dated 25.04.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Kota (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Magendra Singh @

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[2023:RJ-JP:12788] (3 of 3) [CRLAS-1230/2023]

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Golu Panjabi S/o Majindra Singh 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 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 /81

Magendra Singh @ Golu Panjabi S/O Majindra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Magendra Singh @ Golu Panjabi S/O Majindra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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