Allowed

Soneram Son of Shri Sukha v. State of Rajasthan

Rajasthan HC3 Mar 2023CRLAS/303/2023

Case brief

AI extract

What is this about?

In this S.B. Criminal Appeal, the appellant sought bail alleging innocence and citing advanced age. The Court, noting compliance with the SC/ST Act bail provisions without adjudicating merits, quashed the lower court order and enlarged the appellant on bail subject to a personal bond and sureties.

What did the court decide?

The order dated 02.02.2023 by the Special Judge, SC/ST, Dholpur was quashed. The appellant was directed to be released on bail by furnishing a personal bond of Rs.1,00,000 and two sureties of Rs.50,00

Soneram Son of Shri Sukha Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJP/003682]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 303/2023

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Soneram Son Of Shri Sukha, Resident Of Nizampur Police Station Badi Sadar District Dholpur (Raj) (At Present Confined In District Jail Dholpur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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Mohan Son Of Shri Harikishan, Resident Of Village Baroli Ka Pura, Police Station Sadar Badi, Dholpur (Raj)

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----Respondents

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For Appellant(s) : Mr. Chandan Kumar (present in person) son of accusedappellant

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For : Mr. Sanjeev Mahla, PP Respondent(s) Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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03/03/2023

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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.

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The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes

[2023/RJJP/003682]

(2 of 3)

[CRLAS-303/2023]

(Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.333/2022 registered at Police Station Badi Sadar, District Dholpur for the offence under Section(s) 143, 323, 341, 354, 379, 447, 506 of IPC and under Section 3(1)(r), 3(1)(s), 3(1)(w) of the SC/ST Act of 1989.

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It is contended by Mr. Chandan Kumar, son of accused-appellant that the appellant is innocent and has falsely been implicated in this case. He further submits that the accused-appellant is a senior citizen of 65 years of age. He also submits that the accusedappellant is 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 02.02.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Dholpur is quashed and set-aside

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[2023/RJJP/003682] (3 of 3) [CRLAS-303/2023]

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and this appeal is accordingly allowed. It is directed that accused appellant Soneram Son Of Shri Sukha 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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GAURAV SHARMA /89

Soneram Son of Shri Sukha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Soneram Son of Shri Sukha v. State of Rajasthan

Case brief

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What did the court decide?

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