Allowed

Shubham S/O Giriraj, v. State of Rajasthan

Rajasthan HC2 Jul 2024CRLAS/1287/2024

Case brief

AI extract

What is this about?

Criminal appeals under Section 14-A of the SC/ST Act seeking bail for four accused charged with IPC and SC/ST Act offences in connection with FIR No.73/2024. The Court quashed the special court's orders refusing bail and allowed the appeals, enlarging all appellants on bail on furnishing personal bonds and sureties.

What did the court decide?

Bail granted to all four appellants; orders dated 18.05.2024 and 21.06.2024 of the Special Judge, Jhalawar quashed.

Shubham S/O Giriraj, Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:27298]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 1080/2024

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Surendra Gocher @ Surendra Chabdi S/o Mahaveer, Aged About 26 Years, R/o Sarolakala Thana Sarolakala District Jhalawar.

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Sunil S/o Suresh Kumar, Aged About 27 Years, R/o Sarolakala Thana Sarolakala District Jhalawar.

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Kuldeep @ Kalu S/o Sh. Lal, Aged About 32 Years, R/o Maliyo Ka Mohalla Sarolakala Thana Sarolakala District Jhalawar. (All The Above Accused Are In Judicial Custody Lodged In Jail In Jhalawar).

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----Appellants

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Versus

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State Of Rajasthan, Through P.p.

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Rakesh S/o Mohanlal, R/o Sarola , Jhalawar, Rajasthan.

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1287/2024

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Shubham S/o Giriraj, Aged About 27 Years, R/o Champakhur P.s. Sarolakala District Jhalawar, ( Presently Confined In Central Jail Jhalawar Since 18.06.2024 ).

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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Rakesh S/o Mohanlal, R/o Sarola , Jhalawar, Rajasthan.

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----Respondents

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[2024:RJ-JP:27298]	(2 of 4) [CRLAS-1080&1287/2024]
For Appellant(s)	: Mr. Abhishek Bhardwaj, Adv., with Mr. Shantanu Sharma, Adv.
For	: Mr. N.S. Gurjar, P.P.
Respondent(s)	Mr. Rahul Agrawal, Adv.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

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02/07/2024

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These present criminal appeals under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”) have been filed in connection with FIR No.73/2024 registered at Police Station Sarolakala, District Jhalawar for the offence under Section(s) 341, 323, 504, 506, 457, 436 & 34 of IPC & under Section(s) 3-1(r)(s) 3-2(iii)(iv)(v)(va) of the Act of 1989 qua accused-appellants in S.B. Criminal Appeal (Sb) No. 1080/2024 and under Section(s) 436, 457, 341, 323, 504, 506 & 34 of IPC & 3-1(r)(s) 3-2(va) of the Act 1989 qua accused-appellant in S.B. Criminal Appeal (Sb) No. 1287/2024.

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It is contended by learned counsel for appellants that appellants are innocent and have falsely been implicated in these cases. He further submits that accused-appellants have been 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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[2024:RJ-JP:27298] (3 of 4) [CRLAS-1080&1287/2024]

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Learned Public Prosecutor as well as the learned counsel for complainant(s) have opposed these appeals.

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Taking into consideration the overall facts and circumstances of these cases, but without expressing any opinion on the merits and demerits of these cases, this Court deems it just and proper to enlarge appellants on bail.

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The orders dated 18.05.2024 & 21.06.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar (Rajasthan) are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants 1.Surendra Gocher @ Surendra Chabdi S/o Mahaveer, 2.Sunil S/o Suresh Kumar, 3.Kuldeep @ Kalu S/o Sh. Lal & 4.Shubham S/o Giriraj 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

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[2024:RJ-JP:27298] (4 of 4) [CRLAS-1080&1287/2024]

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so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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A copy of this order be placed in connected file.

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(UMA SHANKER VYAS),J

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DANISH USMANI /17 & 592

Shubham S/O Giriraj, v. State of Rajasthan

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Shubham S/O Giriraj, v. State of Rajasthan

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