The Court set aside the impugned order rejecting bail and allowed the criminal second appeals under Section 14A(2) of the SC/ST Act, directing the release of the accused-appellants on personal bonds and sureties.
Appellants released on bail on personal bonds of Rs. 1,00,000/- each and two sureties of Rs. 50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:17223]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal (Sb) No. 423/2024
Mahendra Raliya S/o Girdhari Ram Jat, Aged About 22 Years, R/o Sevado Ka Bas, Khari Khurd, Ps Karwad, Jodhpur. (Lodged In Central Jail Jodhpur)
----Appellant
Versus
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 424/2024
Govind Dudi @ Vishal Dudi S/o Baburam Jat, Aged About 26 Years, R/o Bangwado Ki Dhani, Khari Khurd, Ps Kawad, Jodhpur. (Lodged In Central Jail Jodhpur)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Kan Singh Oad Mr. A.R. Choudhary For Respondent(s) : Ms. Anita Gehlot, PP Mr. C.S. Rajpurohit, for respondent No.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/04/2024
Heard learned counsel for the appellants, learned Public Prosecutor as well as counsel for the respondent No.2 and perused the material available on record.
[2024:RJ-JD:17223]
[CRLAS-423/2024]
(2 of 3)
The instant criminal second appeal has been filed under Section 14 A (2) of SC/ST Act on behalf of the appellants, who are in custody in connection with FIR No.153/2023, Police Station Karwar, District Jodhpur for the offences under Section 147, 148, 149, 452, 323, 307, 440 & 354 of IPC and Sections 3(1)(r)(s) and 3(2)(VA) of SC/ST (Prevention of Atrocities) Act and against the order dated 06.03.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Jodhpur Metropolitan whereby the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected. The earlier appeal was dismissed as not pressed by this Court vide order dated 25.01.2024 with liberty to file afresh after filing of the challan.
It has been submitted on behalf of the appellants that now the challan has already been filed and grievous injuries received by the injured are on his non-vital part of the body. The accusedappellants are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellants.
Learned Public Prosecutor and counsel for the complainant have opposed the prayer for bails.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.
Consequently, both the instant criminal appeals are allowed. The impugned order dated 06.03.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities Act) Cases, Jodhpur
[2024:RJ-JD:17223]
[CRLAS-423/2024]
(3 of 3)
Metropolitan is set aside. It is ordered that the accused-appellants (1) Mahendra Raliya S/o Girdhari Ram Jat & (2) Govind Dudi @ Vishal Dudi S/o Baburam Jat, arrested in connection with FIR No.153/2023, Police Station Karwar, District Jodhpur shall be released on bail; provided they furnish a personal bonds of Rs.1,00,000/- each and two sureties bond of Rs.50,000/- to the satisfaction of the learned trial court with the stipulation to appear before that court on all dates of hearing and as and when called upon to do so.
(MANOJ KUMAR GARG),J
76-Ishan/-
1 issue framed by the court
Whether the bail applications of the accused-appellants should be granted in view of the filing of the challan and the nature of injuries?
2 provisions across 2 enactments
Mahendra Raliya S/o Girdhari Ram Jat
Govind Dudi @ Vishal Dudi S/o Baburam Jat
State Of Rajasthan
Rami Devi W/o Shyam Lal
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
