Allowed

Prem Vaswani v. State of Rajasthan

Rajasthan HC12 Jul 2024CRLAS/777/2024

Case brief

AI extract

What is this about?

This Court allowed a criminal appeal against the rejection of bail in a case involving offences under the SC/ST (Prevention of Atrocities) Act and IPC. Setting aside the impugned order, the Court released the appellants on bail subject to furnishing a personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each along with bank details and Aadhar cards.

What did the court decide?

Order dated 13.05.2024 rejecting bail set aside; appellants released on bail subject to personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each along with submission of bank details and

Prem Vaswani Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:28497]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 777/2024

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Prem Vaswani S/o Shri Kanhaiya Lal Vaswani, Aged About 33 Years, R/o 1 G 5 Pratapnagar Housing Board Thana Sadar Chittorgarh, (Raj.) (Presently Lodged In District Jail, Chittorgarh)

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Robin Malakar S/o Shri Govind Thakaur, Aged About 32 Years, R/o Jatindas Nagar L.P. 137/8 Belgona Road North Pargana West Bangal At Present Kiraya Se Pukhraj Berva Ke Makan Me Mitha Ram Ji Kheda Pratapnagar Thana Sadar Chittorgarh District Chittorgarh, (Raj.) (Presently Lodged In District Jail, Chittorgarh)

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----Appellants

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Versus

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1. State Of Rajasthan, Through Pp 2. Rahul Khatik S/o Shri Meva Lal Khatik, R/o Ramnagar Seti Chittorgarh Thana Sadar Chittorgarh, District Chittorgarh, (Raj.).

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----Respondents

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For Appellant(s)	: Mr.	Kaushal Gautam
For Respondent(s)	: Mr.	Laxman Solanki, PP
	Mr.	Shreyas Ramdev for
	Mr.	Hardik Gautam for Resp. No.2

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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12/07/2024

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Instant Criminal appeal has been preferred to enlarge the appellants on bail under Section 14A(1) of the SC/ST (Prevention of Atrocities) Amendment act 2015 and being aggrieved of the order dated 13.05.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities) Act, Chittorgarh in Criminal Misc. Case No.95/2024 rejecting the bail application preferred on behalf of

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(2 of 3) [CRLAS-777/2024]

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[2024:RJ-JD:28497]

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the appellants who are in custody in connection with FIR No.207/2024, Police Station Sadar Chittorgarh, District Chittorgarh, for offences under Sections 147, 148, 458, 427, 323/149 of IPC and Sections 3(1) (r) (s), 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act.

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Learned Public Prosecutor filed a report of service of notice issued to the private respondent. Service is complete.

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I have given my thoughtful consideration to the arguments advanced by learned counsel for the parties and have perused the record carefully. 4. Having regard to the facts of the case and taking into account totality of circumstances, in my considered opinion, the submissions made by learned counsel for the appellants cannot be completely overlooked. The appellants are in custody since 07.05.2024; that the trial is likely to take its own considerable time and no useful purpose would be served by keeping them in detention for an indefinite period. In that view of the matter, this Court is of the opinion that the appellants deserve indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellants cannot be sustained.

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Consequently, the appeal is allowed. The order dated 13.05.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities) Act, Chittorgarh in Criminal Misc. Case No.95/2024 is set aside and it is ordered that the accused-appellants 1. Prem Vaswani S/o Shri Kanhaiya Lal Vaswani and 2. Robin Malakar S/o Shri Govind Thakaur arrested in connection with FIR No.207/2024 Police Station Sadar Chittorgarh, District Chittorgarh shall be released on bail during pendency of the trial;

[2024:RJ-JD:28497]

[CRLAS-777/2024]

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provided each of them furnish personal bond of Rs. 1,00,000/and two surety bonds of Rs.50,000/- each 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 and if not required by Jail Authorities in any other case. This order is subject to the condition that accused, within 7 days of their release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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With the abovesaid directions, the Criminal Appeal is disposed of.

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(RAJENDRA PRAKASH SONI),J

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93-suraj/-

Prem Vaswani v. State of Rajasthan

Case brief

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Prem Vaswani v. State of Rajasthan

Case brief

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