Allowed

Vinod Khatana S/O Hansram v. State or Rajasthan

Rajasthan HC11 Jan 2023CRLAS/57/2023

Case brief

AI extract

What is this about?

In a criminal appeal under the SC/ST (Prevention of Atrocities) Act, 1989, the High Court Bench at Jaipur, omitting to express an opinion on merits, held it just and proper to release the appellant on bail by quashing the special judge's order.

What did the court decide?

Order dated 23.12.2022 of the Special Judge is quashed; appellant released on bail subject to personal bond and two sureties complying with Section 437(3) Cr.P.C.

Vinod Khatana S/O Hansram Vs State or 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. 57/2023

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Vinod Khatana S/o Hansram, R/o Nathole Ka Pura, Police Station Suroth, Presently Baredi Ka Pura, Police Station Nayi Mandi, Hindaun District Karauli (Raj) (At Present Confined In District Jail Karauli)

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----Appellant

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Versus

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State Or Rajasthan, Through P.p

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Bhagwati S/o Heeralal, R/o Sukhdevpura, Police Station Hindaun City, District Karauli (Raj)

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----Respondents

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For Appellant(s) : Mr. Mukesh Pal Jadoun, Adv., with Mr. Anand Sharma, Adv. For : Mr. M.K. Sheoran, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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11/01/2023

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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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The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed in

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connection with FIR No.332/2022 registered at Police Station Hindaun City, District Karauli for the offence under Section(s) 341, 323 & 307 of IPC, under Section(s) 3(1)(r)(s), 3(2)(v) & 3(2)(va) of the Act of 1989 and under Section(s) 3/25 of Arms Act.

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It is contended by learned counsel for the appellant that the appellant is innocent and has falsely been implicated in this case. He further submits that no injury has been caused on the vital part of the body of the injured. He also submits that the accused-appellant is in judicial custody since 30.08.2022 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 23.12.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Karauli (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Vinod Khatana S/o Hansram shall be released on bail provided he

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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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DANISH USMANI /04

Vinod Khatana S/O Hansram v. State or Rajasthan

Case brief

What is this about?

What did the court decide?

Vinod Khatana S/O Hansram v. State or Rajasthan

Case brief

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What did the court decide?

What the court decided

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