Allowed

Ganpat Singh @ Pintu v. State of Rajasthan

Rajasthan HC16 May 2023CRLAS/397/2023

Case brief

AI extract

What is this about?

Special Criminal Appeal filed under Section 14-A of SC/ST Act. The High Court set aside the order of Special Judge rejecting bail. The appellant was released on bail with bond and sureties.

What did the court decide?

The impugned order dated 29.03.2023 is set aside. Appellant shall be released on bail upon furnishing a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each.

Ganpat Singh @ Pintu Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJD/015557]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 397/2023

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Ganpat Singh @ Pintu S/o Shri Ram Singh, Aged About 29 Years, R/o Samuza Ahore Ps Dist. Jalore (Confined In Dist. Jail Jalore)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Shrawan Kumar S/o Fussa Ram Sargara, R/o Ahore Ps Ahore Dist. Jalore

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----Respondents

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For Appellant(s)	: Mr.	Hitendra Singh
	Mr.	Vikram Singh
For Respondent(s)	: Mr.	S. S. Rajpurohit,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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16/05/2023

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At the outset learned Public Prosecutor has produced a copy of the letter dated 24.04.2023 sent by SHO, Police Station Ahore, District Jalore regarding sending information to the complainant in respect of pendency of SB Criminal Appeal No.397/2023.

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A perusal of this letter shows that the SHO concerned has served the notice of pendency of present Criminal Appeal upon the complainant-Shrawan Kumar.

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A copy of the letter dated 24.04.2023 is taken on record.

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In view of the above, service is complete, however nobody appeared on behalf of the complainant.

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The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.6/2023, Police Station

[2023/RJJD/015557]

[CRLAS-397/2023]

(2 of 3)

Ahore, District Jalore, for the offence under Sections 452, 323, 327/34 of IPC and Section 3(2)(v)(va) of SC/ST Act against the order dated 29.03.2023 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Jalore whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further submitted that no allegation of causing any specific injury has been levelled against the present appellant. The accused-appellant is in judicial custody since long and the trial of the case will take time. Therefore, it is prayed that the accused-appellant may be enlarged on bail.

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Learned Public Prosecutor has vehemently opposed the prayer for bail made by the learned counsel for the appellant. 4. Having regard to the facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside. 5. Consequently, the instant appeal is allowed. The impugned order dated 29.03.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Jalore is set aside. It is ordered that the accused-appellant Ganpat Singh @ Pintu Singh S/o Shri Ram Singh , arrested in connection with FIR No.6/2023, Police Station Ahore, District Jalore, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each

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(3 of 3) [CRLAS-397/2023]

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[2023/RJJD/015557]

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to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(MADAN GOPAL VYAS),J

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176-nidhi/-

Ganpat Singh @ Pintu v. State of Rajasthan

Case brief

What is this about?

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Ganpat Singh @ Pintu v. State of Rajasthan

Case brief

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What did the court decide?

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