Allowed

Kanhiyalal @ Kanha S/O Badrilal v. State of Rajasthan

Rajasthan HC13 Mar 2023CRLAS/294/2023

Case brief

AI extract

What is this about?

Special Bench allowed criminal appeals filed under Section 14A of the SC/ST Act, quashed impugned orders of the Special Judge, and enlarged multiple appellants on bail pending trial upon furnishing bond and sureties to the trial Court.

What did the court decide?

Impugned orders of Special Judge quashed; appellants enlarged on bail upon furnishing Rs. 1,00,000/- personal bond and two sureties of Rs. 50,000/- each.

Kanhiyalal @ Kanha S/O Badrilal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

¶1

[2023/RJJP/004062]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Appeal No. 309/2023

¶4

Lakhan Son of Suresh, Aged About 22 Years, R/o Bagri Mohalla Aklera District Jhalawar Rajasthan (Appellant Is Confined In District Jail Jhalawar)

¶5

Mohan Son of Suresh, Aged About 19 Years, Bagri Mohalla, Aklera District Jhalawar Rajasthan (Appellant Is Confined In District Jail Jhalawar)

¶6

----Appellants

¶7

Versus

¶8

State of Rajasthan, Through P.p

¶9

Hemraj Meena Son of Kajodi Lal, R/o Bhopal Road, Aklera, District Jhalawar Rajasthan Permanent Address Basodiya Aklera, District Jhalawar Rajasthan

¶10

----Respondents

¶11

Connected With

¶12

S.B. Criminal Appeal (Sb) No. 294/2023

¶13

Kanhiyalal @ Kanha S/o Badrilal, Aged About 19 Years, Resident Of Bagri Mohalla Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

¶14

Sunil S/o Govind, Aged About 20 Years, Resident Of Tanki Mohalla Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

¶15

Ajay S/o Dhannalal, Aged About 19 Years, Resident Of Ramnagar Tanki Mohalla Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

----Appellants

Versus

[CRLAS-309/2023]

[2023/RJJP/004062]

(2 of 6)

State of Rajasthan, Through P.p

¶22

Hemraj S/o Kajodilal, Resident Basodiya Police Station Aklera At Present Byepass Bhopal Road Murga Machli Market Aklera District Jhalawar (Raj)

¶23

----Respondents

¶24

S.B. Criminal Appeal (Sb) No. 310/2023

¶25

Shivraj @ Shiva Son of Hajari Lal, Aged About 20 Years, R/o Bagri Mohalla, Aklera, District Jhalawar (Appellant Is Confined In District Jail Jhalawar)

¶26

----Appellant

¶27

Versus

¶28

State of Rajasthan, Through P.p

¶29

Hemraj Meena Son of Kajodi Lal, R/o Bhopal Road, Aklera, District Jhalawar Rajasthan Permanent Address Basodiay Aklera, District Jhalawar Rajasthan

¶30

----Respondents

¶31

S.B. Criminal Appeal (Sb) No. 311/2023

¶32

Miklesh S/o Hazarilal, Aged About 19 Years, Resident Of Ganesh Vihar Colony Aklera Police Station Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

¶33

----Appellant

¶34

Versus

¶35

State of Rajasthan, Through P.p

¶36

Hemraj S/o Kajodilal, Resident Basodiya Police Station Aklera At Present Byepass Bhopal Road Murga Machli Market Aklera District Jhalawar (Raj)

¶37

----Respondents

¶38

S.B. Criminal Appeal (Sb) No. 312/2023

¶39

Rajesh @ Raju @ Raja S/o Rameshchand,

[2023/RJJP/004062]

[CRLAS-309/2023]

(3 of 6)

Aged About 22 Years, Resident Of Iti Ke Pass Kharpa Road Aklera Police Station Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

¶44

Komal S/o Devlal, Resident Of Safin Hospital Ke Pass Ramnagar Mohalla Aklera Police Station Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

¶45

----Appellants

¶46

Versus

¶47

State of Rajasthan, Through P.p

¶48

Hemraj S/o Kajodilal, Resident Basodiya Police Station Aklera At Present Byepass Bhopal Road Mruga Machli Market Aklera District Jhalawar (Raj)

¶49

----Respondents

¶50

For Appellant(s) : Ms. Krishna Bai (present in person), sister of accusedappellants Lakhan & Mohan, Mrs. Lalta (present in person), mother of accusedappellant Ajay, Mr. Lalit Kumar Bagri (present in person), brother of accused-appellant Sunil, Mr. Punam Bagari (present in person), father of accusedappellant Kanhiyalal @ Kanha, Mrs. Hema Bai (present in person), mother of accusedappellant Shivraj @ Shiva, Mr. Pawan Vishwakarma (present in person), brother of accused-appellant Miklesh, Mrs. Sugana Bai (present in person), mother of Rajesh @ Raju @ Raja & Mr. Dev Lal Meena (present in person), father of accused-

¶51

[2023/RJJP/004062] (4 of 6) [CRLAS-309/2023]

¶52

appellant Komal For : Mr. Sanjeev Mahala, P.P. Respondent(s)

¶53

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

¶54

13/03/2023

¶55

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 present cases.

¶56

The present criminal appeals under Section 14A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been filed in connection with FIR No.30/2023 registered at Police Station Aklera, District Jhalawar for the offence under Section(s) 143, 341, 323, 307, 308 & 504 of IPC and under Section(s) 3-1(r)(s) & 3-2(v) 3-2(va) of the Act of 1989.

¶57

It is contended by relatives of respective accused-appellants named above that appellants are innocent and have falsely been implicated in these cases. They further submit that accused-appellants are in judicial custody since long and the conclusion of the trial will take long time, hence prays for their release on bail.

[CRLAS-309/2023]

[2023/RJJP/004062]

(5 of 6)

Learned Public Prosecutor has opposed these appeals.

¶62

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

¶63

The orders dated 01.02.2023 & 04.02.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar (Rajasthan) are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused-appellants 1.Lakhan S/o Suresh, 2.Mohan S/o Suresh, 3.Kanhiyalal @ Kanha S/o Badrilal, 4.Sunil S/o Govind, 5.Ajay S/o Dhannalal, 6.Shivraj @ Shiva S/o Hajari Lal, 7.Miklesh S/o Hazarilal, 8.Rajesh @ Raju @ Raja S/o Rameshchand & 9.Komal S/o Devlal 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

¶64

[2023/RJJP/004062] (6 of 6)

¶65

[CRLAS-309/2023]

¶66

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.

¶67

A copy of this order be placed in each connected file.

¶68

(UMA SHANKER VYAS),J

¶69

DANISH USMANI /78-82

Kanhiyalal @ Kanha S/O Badrilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kanhiyalal @ Kanha S/O Badrilal 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

Mohan Lal Meena S/O Gokulram Meena Vs State of Rajasthan

Rambharat S/O Ghanshyam Vs State of Rajasthan

Brijendra @ Pappu Son of Pyar Singh Vs State of Rajasthan

Dinesh Kumar Son of Shyamlal Vs State of Rajasthan

Haribhan Singh S/O Charan Vs State of Rajasthan

Dalip Kumar @ Jugal Punia S/O Jagdish Vs State of Rajasthan