Allowed

Manish @ Munna S/O Kanhaiya Lal v. State of Rajasthan

Rajasthan HC21 Jul 2023CRLAS/715/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed this special criminal appeal. Despite opposition, the Court held that the appellant deserved release on bail and set aside the impugned order of the Special Judge forfeiting bail bonds. The appellant was directed to be released subject to a personal bond of Rs. 50,000 and two sureties.

What did the court decide?

The impugned order forgiving bail bonds was set aside; accused appalled released on bail on personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Manish @ Munna S/O Kanhaiya Lal 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. 715/2023

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Manish @ Munna S/o Kanhaiya Lal, Resident Of Bazariya Jama Masjid Ke Pass, Sawaimadhopur (At Present Confined In District Jail Sawaimadhopur)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Brajmohan S/o Rampal, R/o Gotam Colony, Mantown, District Sawaimadhopur

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----Respondents

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For Appellant(s) : Mr. Tarun Jain For Respondent(s) : Mr. Laxman Meena, PP Mr. Rachit Sharma

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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21/07/2023

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The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 32/2021 Police Station Sadar Gangapur City, District Sawaimadhopur for the offence under Sections 147, 148, 149, 323, 325, 341, 201, 302, 504 & 427 IPC and Sections 3(1)(r)(s) & 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

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Learned counsel for the accused-appellant submits that a false case has been foisted against the appellant. The accusedappellant has nothing to do with the alleged offences. He further submits that the appellant is a very poor person. The appellant could not appear before the Court on 12.08.2022 due to the

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[CRLAS-715/2023]

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(2 of 3)

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sudden ill health of the father of the appellant. The appellant could not even inform his advocate about the situation at that time. Due to the absence of the appellant, learned Trial Court forfeited his bail bonds and issued arrest warrant against him. He came to be arrested in pursuance of warrant of arrest issued against him and now since 31.03.2023, he is behind the bars. His further incarceration would not serve any useful purpose. Learned counsel assures that on future dates of trial, he shall make himself available either personally or through pleader and will not impede the course of trial.

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Per contra, learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the appeal.

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Heard learned counsel for the appellant, learned counsel for the complainant and learned Public Prosecutor. Perused the material available on record. Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 01.04.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawaimadhopur in Criminal Bail Application No. 78/2023, is set aside. It is ordered that the accused-appellant- Manish @ Munna S/o Kanhaiya Lal, arrested in connection with aforesaid FIR , shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/each to the satisfaction of the learned trial Court with the

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(3 of 3)

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[CRLAS-715/2023]

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stipulation to appear before that Court on all dates of hearing and

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as and when called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /443

Manish @ Munna S/O Kanhaiya Lal v. State of Rajasthan

Case brief

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Manish @ Munna S/O Kanhaiya Lal v. State of Rajasthan

Case brief

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