Allowed

Pabu Ram @ Sakiya v. State of Rajasthan

Rajasthan HC1 Jul 2024CRLAS/899/2024

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court of Rajasthan set aside an order rejecting the appellant's bail application. The court granted bail under Section 14-A of the SC/ST Act, noting the injury is not life-threatening and prolonged detention serves no useful purpose, subject to furnishing a personal bond.

What did the court decide?

The appeal is allowed; the bail rejection order is set aside, and the appellant is enlarged on bail on furnishing a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each, with addi

Pabu Ram @ Sakiya Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:26261]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 899/2024

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Pabu Ram @ Sakiya S/o Kehera Ram @ Keshara Ram, Aged About 35 Years, R/o Mayalo Ki Beri, Khari, Dhorimanna Police Station District Barmer. (Presently Lodged In District Jail, Jaisalmer)

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----Appellant

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Versus

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State of Rajasthan through PP

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Smt. Sukhi Devi W/o Rana Ram, R/o Khari Mayalo Ki Beri, P.S. Dhorimanna Barmer.

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----Respondents

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For Appellant(s)	: Mr.	Ashok Kumar
For Respondent(s)	: Mr. Ms.	A.R. Choudhary, PP Saeena Bano

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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01/07/2024

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Instant Criminal appeal has been preferred to enlarge the appellant on bail under Section 14-A of the SC/ST (Prevention of Atrocities) Amendment act 2015 and being aggrieved of the order dated 04.06.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act), Jaisalmer in Criminal Misc. Bail Application No.230/2024 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.137/2023, Police Station Sadar Jaisalmer, District Jaisalmer, for offences under Sections 323, 458, 506, 307, 326 of IPC and Sections 3 (2) (V) of the SC/ST (Prevention of Atrocities) Act.

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Learned counsel representing the petitioner vehemently urged that appellant is innocent person and a false case has been foisted against him; that entire allegations so leveled by the police against the appellant is totally false and baseless; that there is no concrete evidence to show direct nexus between the appellant and alleged crime, rather case of the prosecution is based on surmises and conjectures instead of sound legal evidence. With the aforesaid submissions, it was prayed that the present appeal be allowed and appellant may be enlarged on bail.

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From the other side, learned Public Prosecutor for the State has strongly objected the submissions made by learned counsel for the appellant and submitted that there is overwhelming evidence adduced on record which would prima-facie point towards the guilt of the appellant; that keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency, rather he needs to be dealt with severely. He thus, prayed that in the facts of the present case, it is expedient that accused be kept in the custody.

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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.

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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 appellant cannot be completely overlooked. In the present case it is prima facie seen that one injured Mrs. Chuki Devi has received injuries but in the

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opinion of Medical Jurist, injury No.1 was yet found grievous but it was not opined to be dangerous to life of the injured. The petitioner is in custody since 12.05.2024; that the bail rejection order goes to show that appellant is not involved in any other case; that the trial is likely to take its own considerable time and no useful purpose would be served by keeping him in detention for an indefinite period. In that view of the matter, this Court is of the opinion that the appellant deserves indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellant cannot be sustained.

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Consequently, the appeal is allowed. The order dated 04.06.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act), Jaisalmer in Criminal Misc. Bail Application No.230/2024 is set aside and it is ordered that the accusedappellant Pabu Ram @ Sakiya S/o Kehera Ram @ Keshara Ram arrested in connection with FIR No.137/2023 Police Station Sadar Jaisalmer, District Jaisalmer shall be released on bail during pendency of the trial; provided he furnishes 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 his 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

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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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68-suraj/-

Pabu Ram @ Sakiya v. State of Rajasthan

Case brief

What is this about?

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Pabu Ram @ Sakiya v. State of Rajasthan

Case brief

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