Allowed

Mahatab @ Maahatab S/O Mohammed Israr v. State of Rajasthan

Rajasthan HC5 Sept 2024CRLAS/1798/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a special criminal appeal filed under Section 14-A of the SC/ST Act. The trial court had dismissed the bail application. The High Court, noting the injury was simple and not vital, enlarged the appellant on bail without commenting on the merits of the case.

What did the court decide?

The criminal appeal under Section 14-A of SC/ST Act is allowed, the appeal bail is granted, and the appeal is to be released on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each

Mahatab @ Maahatab S/O Mohammed Israr Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:37370]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 1798/2024

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Mahatab @ Maahatab S/o Mohammed Israr, Aged About 18 Years, R/o Kali Paltan Sahadat Gang Tonk Police Station Kotwali Tonk District Tonk (Presently Confined In Central Jail Tonk )

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----Appellant

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Versus

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State Of Rajasthan, Through Its Public Prosecutor

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Shri Bhagchand S/o Shri Nanakram Mahawar, R/o Shyam Clothed Lane Dhannatlai Tonk Kotwali Tonk (Raj)

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----Respondents

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For Appellant(s) : Mr. Kuldeep Yadav For Respondent(s) : Mr. Narendra Singh Dhakad, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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05/09/2024

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This criminal appeal has been filed under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) on behalf of the appellant being aggrieved with the order dated 24.07.2024 passed by the Court of learned Special Judge S.C./S.T. (Prevention of Atrocities) Cases, Tonk (hereinafter to be referred as ‘trial court’) in C.I.S.No.99/2024, whereby the trial court has dismissed the bail application filed on behalf of the appellant under Section 439 Cr.P.C. in connection with FIR No.232/2024 registered with Police Station Kotwali Tonk, District Tonk for the offences punishable under Sections 143, 341, 323 & 307 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act.

[2024:RJ-JP:37370]

[CRLAS-1798/2024]

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Learned Public Prosecutor submits that the complainant has already been informed about filing/hearing of this criminal appeal.

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Counsel for the accused-appellant submits that the alleged incident took place all of a sudden and there was only simple quarrel between the accused-appellant and the complainant. Counsel further submits that the accused-appellant is in custody since 28.06.2024 and the injuries sustained by the injuredcomplainant party is simple in nature and is not on the vital part of the body. Counsel further submits that the accused-appellant is no more required for any kind of interrogation and recovery.

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Learned Public Prosecutor has opposed the prayer made by counsel for the appellant.

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Considered the submissions made by counsel for the appellant as well as the learned Public Prosecutor.

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Having regard the submissions made by counsel for the appellant so also the fact that single injury sustained by the injured-complainant is simple in nature and is not on the vital part of the body, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the appellant on bail.

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Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and order dated 24.07.2024 passed by the Court of learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Tonk is set aside. It is directed that the appellant shall be released on bail in connection with FIR No.232/2024 registered at

[2024:RJ-JP:37370]

[CRLAS-1798/2024]

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Police Station Kotwali Tonk, District Tonk, provided he executes a personal bond in a sum of Rs.1,00,000/-/- (Rupees One Lac only) with two sound and solvent sureties of Rs.50,000/-(Rupees Fifty Thoushand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(GANESH RAM MEENA),J

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ARTI SHARMA /36

Mahatab @ Maahatab S/O Mohammed Israr v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahatab @ Maahatab S/O Mohammed Israr v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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