Allowed

Pathan Khan v. State of Rajasthan

Rajasthan HC15 Feb 2024CRLAS/85/2024

Case brief

AI extract

What is this about?

Special Criminal Appeal filed against rejection of bail under Section 439 Cr.P.C. in a case under Prevention of Atrocities Act. The High Court allowed the appeal, set aside the impugned order, and granted bail with surety bonds.

What did the court decide?

Impugned order set aside; accused released on bail by furnishing personal bond of Rs.1,00,000 and two surety bonds of Rs.50,000 each with stipulation to appear and not misuse liberty.

Pathan Khan Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:8134]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 85/2024

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Pathan Khan S/o Sh. Amin Khan, Aged About 28 Years, R/ o Ward No. 3 Dantor Police Station Dantor Distt Bikaner (Raj) (Presently Lodged At Dist Jail, Bikaner)

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Sadik Khan S/o Sh Sheru Khan, Aged About 23 Years, R/o Chak - 6 Khm Dantor Police Station Dantor Distt Bikaner (Raj) ((Presently Lodged At Dist Jail, Bikaner)

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----Appellants

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Versus

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State Of Rajasthan, Through Pp

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Bal Ram S/o Sh. Kalu Ram, R/o 2 C Choti Mathilirathan Distt Sriganganagar (Raj)

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----Respondents

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For Appellant(s) : Mr. Kaushal Gautam For Respondent(s) : Mr. AR Choudhary, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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15/02/2024

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The instant appeal has been filed under Section 14-A(1) of SC/ ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.49/2023, Police Station Dantor, District – Bikaner, for the offences under Sections 323, 341, 365, 382, 34 of IPC and Sections 3(2)(v) of SC/ST Act against the order dated 05.01.2024 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Bikaner whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

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Learned counsel for the appellants submits that the appellants have falsely been implicated in the present case. It is submitted that

[2024:RJ-JD:8134]

[CRLAS-85/2024]

(2 of 2)

in the present case, the FIR has been filed after a delay of three days. The accused-appellants are in custody since long and the trial of the case will take long time. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.

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Learned Public Prosecutor has vehemently opposed the prayer for bail and submitted that the appellant-Pathan Khan is a habitual offender.

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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.

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Consequently, the instant appeal is allowed. The impugned order dated 05.01.2024 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Bikaner is set aside. It is ordered that the accused-appellants (1)

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Pathan Khan S/o Sh. Amin Khan (2) Sadik Khan S/o Sh

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Sheru Khan , arrested in connection with FIR No.49/2023, Police Station Dantor, District – Bikaner, shall be released on bail; provided they furnish a personal bond of Rs.1,00,000/- each and two surety bonds 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. The appellant-Pathan Khan is further directed not to take undue advantage of liberty or misuse liberty.

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(MADAN GOPAL VYAS),J

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806-neha/-

Pathan Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pathan Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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