Allowed

Mohammed Shareef S/O Mohammed Haneef v. State of Rajasthan

Rajasthan HC13 Feb 2024CRLAS/203/2024

Case brief

AI extract

What is this about?

Criminal appeal under Section 14A SC/ST Act against dismissal of anticipatory bail in an FIR for cheating, criminal breach of trust and criminal intimidation. Allowing the appeal, the High Court set aside the trial court's order and directed bail on arrest with conditions.

What did the court decide?

Appeal allowed; order dated 25.01.2024 dismissing anticipatory bail set aside; bail granted on arrest on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Mohammed Shareef S/O Mohammed Haneef Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:7482]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 203/2024

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Mohammed Shareef S/o Mohammed Haneef, R/o Ward No. 03, Kasba Laxmangarh, Police Station Laxmangarh, District Sikar, Rajasthan (At Present Accused Confined In District Jail, Sikar)

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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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Mamraj S/o Shri Jagdish Prasad, R/o Vill.- Dholash, TeshilLaxmangarh Police Station Balara, District Sikar (Raj.)

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----Respondents

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For Appellant(s)	: Mr. SanjayKhedar
For Respondent(s)	: Mr. Mahendra Meena-PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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13/02/2024

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This criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 25.01.2024 passed by the learned Special Judge, SC & ST (Prevention of Atrocities) Cases, Sikar (Rajasthan) (hereinafter to be referred as ‘trial court’) in Bail Application CIS No.83/2024 whereby the trial court has dismissed the anticipatory bail application filed on behalf of the appellant.

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The appellant apprehends his arrest in connection with FIR No.225/2023 of Police Station Arakshi Kendra Laxmangrah, District Sikar for the offence punishable under Sections 420, 406, 504 & 506 of IPC.

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Learned counsel for the appellant submits that appellant has falsely been implicated in the present case. He further submits that appellant is behind bars since 23.01.2004 and now neither any recovery or investigation is to be made from the present appellant. Therefore, the present criminal appeal may be allowed.

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Learned Public Prosecutor opposes the prayer made on behalf of the appellant in this criminal appeal.

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Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14A of SC/ST Act.

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Accordingly, this criminal appeal filed under Section 14A of SC/ST Act is allowed and the order dated 25.01.2024 passed by the learned Special Judge, SC & ST (Prevention of Atrocities) Cases, Sikar (Rajasthan)in Bail Application CIS No.83/2024 is set aside. It is directed that in the event of arrest of the appellant Mohammed Shareef S/o Mohammed Haneef in connection with FIR No.225/2023 of Police Station Arakshi Kendra Laxmangrah, District Sikar, he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

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(i) He shall make himself available for interrogation by Investigating OfÏcer as and when required;

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(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

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[2024:RJ-JP:7482]

[CRLAS-203/2024]

facts of the case so as to dissuade him from disclosing

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such facts to the Court or to any Police OfÏcer;

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(iii) He shall not leave India without the previous permission of the court.

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(PRAVEER BHATNAGAR),J

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172-Rahul Joshi

Mohammed Shareef S/O Mohammed Haneef v. State of Rajasthan

Case brief

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Mohammed Shareef S/O Mohammed Haneef v. State of Rajasthan

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