The High Court allowed the criminal appeal by quashing a bail rejection order dated 29.01.2024. The appellant granted bail on personal and two surety bonds, to prosecute under Section 437(3) Cr.P.C.
Released on bail with a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, complying with Section 437(3) Cr.P.C.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal (Sb) No. 691/2024
Soel Akhtar @ Kalu S/o Mohammad Usman, R/o Ward No. 20, Matra Road, Kacchi Basti, K Patan, P.s. K Patan District Bundi (Raj) (At Present Confined In District Jail Bundi)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Amit Dadhich, Adv. For : Mr. Babu Lal Nasuna, P.P. Respondent(s) Mr. Deepak Pareek, Adv.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
03/05/2024
The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”) has been filed in connection with FIR No.378/2023 registered at Police Station Keshorai Patan, District Bundi for the offence under Section(s) 143, 307, 452 & 436 of IPC and under Section(s) 3(2)(va),(iv) of the Act of 1989.
It is contended by learned counsel for the appellant that the appellant is innocent and has
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(2 of 3)
[CRLAS-691/2024]
falsely been implicated in this case. He further submits that the accused-appellant has been in judicial custody since long and the conclusion of the trial will take long time, hence prays for his release on bail.
Learned Public Prosecutor as well as the learned counsel for the complainant have opposed the appeal.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the appellant on bail.
The order dated 29.01.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Bundi (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Soel Akhtar @ Kalu S/o Mohammad Usman shall be released on bail provided he 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 he shall appear before that Court and any Court to which the
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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.
(UMA SHANKER VYAS),J
DANISH USMANI /05
1 issue framed by the court
Whether the appellant accused in an offence under the SC/ST (Prevention of Atrocities) Act should be released on bail.
4 provisions across 3 enactments
Soel Akhtar @ Kalu
State Of Rajasthan
Rajendra Kumar
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
