Allowed

Kallu Son of Shri Vigharam v. State of Rajasthan

Rajasthan HC12 Jan 2023CRLAS/73/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the S.B. Criminal Appeal, quashed the Special Judge's arrest order, and released the appellant on bail by personal bond and sureties, noting compliance with Section 15-A(3) of the SC/ST Act.

What did the court decide?

Quashed Special Judge order; directed release of appellant on personal bond of Rs.1L + two sureties of Rs.50K each complying with Section 437(3) Cr.P.C.

Kallu Son of Shri Vigharam 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. 73/2023

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Kallu Son of Shri Vigharam, Resident Of Village Nibhi Police Staton Basaidang, 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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Rinku Son of Shri Phoolaram, Resident Of Village Naroli Ka Pura, Police Station Sadar, Dholpur District Dholpur (Raj)

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----Respondents

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For Appellant(s)	: Mr.	Anil Jain, Adv.,
	Mr.	Dushyant Jain, Adv. &
	Mr.	Udit Sapra, Adv.
For	: Mr.	Sanjeev Mahala, P.P.
Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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12/01/2023

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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 (2) 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

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Station Sadar Dholpur, District Dholpur for the offence under Section(s) 143, 323, 341, 336, 382, 342 & 504 IPC and under Section(s) 3(1)(r) & 3(1) (s) of the Act of 1989 and later on converted under Section(s) 323, 341, 336, 392, 342, 504 & 34 of IPC and under Section(s) 3(1)(r)(s) & 3(2)(v) of the Act of 1989.

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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 the accused-appellant 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 23.12.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Dholpur (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Kallu S/o Shri Vigharam 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 /09

Kallu Son of Shri Vigharam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kallu Son of Shri Vigharam v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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