Allowed

Mukesh S/O Surajmal v. State of Rajasthan

Rajasthan HC20 Mar 2023CRLAS/270/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed by three appellants against the order of the Special Judge in a Prevention of Atrocities case. The court held that compliance of Section 15-A(3) was made and deemed it just and proper to enlarge the appellants on bail, despite not opining on the merits.

What did the court decide?

Accused-appellants directed to be released on bail on furnishing a personal bond and two sureties as per Section 437(3) Cr.P.C.

Mukesh S/O Surajmal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJP/004474]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 270/2023

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Mukesh S/o Surajmal, Aged About 40 Years, R/o Badunda Ps Taleda, District Bundi (Rajasthan)

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Uchav Lal S/o Radheshyam, Aged About 22 Years, R/o Badunda Ps Taleda, District Bundi (Rajasthan)

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Bojraj S/o Kanha, Aged About 38 Years, R/o Lileraa Vyasaan Ps Taleda, District Bundi (Rajasthan) (All confined in Distt. Jail Bundi)

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----Appellants

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Versus

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State of Rajasthan, Through Public Prosecutor. 2. Foru Lal S/o Jagannath, R/o Satheli, Taleda, District Bundi (Rajasthan).

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----Respondents

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For Appellant(s) : Mr. Bhojraj Gochar (present in person), relative of accusedappellants For : Mr. C.G. Chopra, P.P. Respondent(s)

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

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20/03/2023

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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.

[2023/RJJP/004474]

[CRLAS-270/2023]

(2 of 3)

The present criminal appeal under Section 14A(2) of the Act of 1989 has been filed in connection with FIR No.421/2022 registered at Police Station Taleda, District Bundi for the offence under Section(s) 341, 323, 308 & 394/34 of IPC and under Section(s) 3(1)(r) 3(1)(s) 3(2)(va) of the Act of 1989.

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It is contended by Mr. Bhojraj Gochar, relative of accused-appellants that appellants are innocent and have falsely been implicated in this case. He further submits that accused-appellants have been 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 appellants on bail.

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The order dated 25.01.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Bundi (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is

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[2023/RJJP/004474] (3 of 3) [CRLAS-270/2023]

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directed that accused appellants 1.Mukesh S/o Surajmal, 2.Uchav Lal S/o Radheshyam & 3.Bojraj S/o Kanha 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 /90

Mukesh S/O Surajmal v. State of Rajasthan

Case brief

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Mukesh S/O Surajmal v. State of Rajasthan

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