Allowed

Abdul Rashid Son of Abdul Hafeej v. State of Rajasthan

Rajasthan HC9 Jan 2023CRLAS/32/2023

Case brief

AI extract

What is this about?

High Court allowed criminal appeal filed under Section 14-A of SC/ST Act. Court quashed District Judge order refusing bail and directed release of appellants on bond with sureties complying with Section 437(3) Cr.P.C regarding appearance and conditions.

What did the court decide?

Quashed order dated 30.12.2022; Directed release of appellants on bail with personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.

Abdul Rashid Son of Abdul Hafeej 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 No. 32/2023

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Abdul Rashid Son Of Abdul Hafeej, Aged About 50 Years, Resident Of Survey No. C-10, Teela No. 6A, Kachchi Basti, Jawahar Nagar Jaipur (At Present In Central Jail Jaipur)

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Rajwan Khan Son Of Abdul Rashid, Aged About 24 Years, Resident Of Survey No. C-10, Teela No. 6A, Kachchi Basti, Jawahar Nagar, Jaipur (At Present In Central Jail Jaipur)

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----Appellants

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Versus

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State Of Rajasthan, Through P.p

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Heera Lal Dhanka Son Of Ramkishan Dhanka, Resident Of 6/319, Teela No .6A, Kachchi Basti, Jawahar Nagar, Jaipur (Raj)

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----Respondents

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For Appellant(s) : Mr. Shyam Bihari Gautam, Adv. For : Mr. Ganesh Saini, PP Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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09/01/2023

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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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(2 of 3) [CRLAS-32/2023]

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The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.242/2022 registered at Police Station Jawahar Nagar, (Jaipur City East) District Jaipur City East for the offence under Section(s) 341, 323, 336, 504 of IPC and under Section 3(1)(r), 3(1) (s), 3(2)(va) of the SC/ST Act of 1989.

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It is contended by learned counsel for the appellants that the appellants are innocent and they have falsely been implicated in this case. He further submits that the 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.

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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 30.12.2022 passed by the learned District Judge, Jaipur Metro-I, (Winter Vacation Court) SC/ST (Prevention of Atrocities Cases) is quashed and set-aside and this appeal is

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(3 of 3) [CRLAS-32/2023]

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accordingly allowed. It is directed that accused appellants namely, 1.Abdul Rashid Son Of Abdul Hafeej 2.Rajwan Khan Son Of Abdul Rashid 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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GAURAV SHARMA /16

Abdul Rashid Son of Abdul Hafeej v. State of Rajasthan

Case brief

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Abdul Rashid Son of Abdul Hafeej v. State of Rajasthan

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