Allowed

Shobharam S/O Kanwar Lal, v. State of Rajasthan

Rajasthan HC19 Sept 2024CRLAS/1761/2024

Case brief

AI extract

What is this about?

In a connected S.B. Criminal Appeal challenging an order having no effect on the merits, the Court held it just and proper to enlarge the accused-appellants on bail, quashing the impugned order and directing their release subject to furnishing a personal bond and sureties.

What did the court decide?

The order dated 23.07.2024 of the Special Judge is quashed; appellants released on bail subject to lodging a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Shobharam S/O Kanwar Lal, Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:39580]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 1761/2024

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Shobharam S/o Kanwar Lal, Aged About 48 Years, Resident Of Fatehgarh Police Station Raipur District Jhalawar (Raj) ( Presently Confined In District Jail, Jhalawar ).

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Rakesh S/o Ram Chand, Aged About 30 Years, Resident Of Fatehgarh Police Station Raipur District Jhalawar (Raj)

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 1760/2024

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Bhawani Singh S/o Hira Lal, Aged About 36 Years, Resident Of Fatehgarh, Police Station Raipur District Jhalawar (Raj) (Presently Confined In District Jail Jhalawar)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Rakesh S/o Ram Chand, Aged About 30 Years, Resident Of Fatehgarh Police Station Raipur District Jhalawar (Raj)

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----Respondents

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For Appellant(s) : Mr. Anubodh Subodh Jain, Adv. For : Mr. Devi Singh, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

[2024:RJ-JP:39580]

(2 of 3)

[CRLAS-1761/2024]

Judgment / Order

19/09/2024

Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes & 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 Act of 1989 has been filed in connection with FIR No.92/2024 registered at Police Station Raipur, District Jhalawar for the offence under Section(s) 341, 323, 504, 506, 308, 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 appellants that the appellants are innocent and have falsely been implicated in this case. He further submits that the 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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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,

[CRLAS-1761/2024]

[2024:RJ-JP:39580]

(3 of 3)

this Court deems it just and proper to enlarge the appellants on bail.

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The order dated 23.07.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused-appellants namely (1) Shobharam S/o Kanwar Lal and (2) Bhawani Singh S/o Hira Lal 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 so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C./480(3) B.N.S.S.

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(UMA SHANKER VYAS),J

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YOGESH KUMAR /419-420

Shobharam S/O Kanwar Lal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shobharam S/O Kanwar Lal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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