Allowed

Mohan Das Soni @ Kalu Sindhi v. State of Rajasthan

Rajasthan HC21 Aug 2024CRLAS/989/2024

Case brief

AI extract

What is this about?

The High Court allowed the appellant's criminal appeal for bail, setting aside the trial court's rejection. The court held that the injuries were not grievous, the trial would take time, and indefinite detention served no purpose. Bail was granted with conditions regarding bonds and submission of bank details.

What did the court decide?

Bail granted with personal bond of Rs. 1,00,000/- and two surety bonds of Rs.50,000/- each, subject to conditions including furnishing bank account details and Aadhar cards.

Mohan Das Soni @ Kalu Sindhi Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JD:34530]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 989/2024

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Mohan Das Soni @ Kalu Sindhi S/o Bhagwan Das, Aged About 40 Years, R/o House No.109 Aadarsh Vihar, P.S. City Kotwali Bhilwara, At Present R/o 8-J-24, Tilak Nagar, P.S. Bhimganj, District Bhilwara. (Lodged In District Jail Bhilwara)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp 2. Shyam Lal Berwa S/o Mangi Lal Berwa, R/o Berwa Mohalla, Bhilwara.

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----Respondents

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For Appellant(s)	: Mr.	Shiv Kumar Bhati for
	Mr.	NeerajKumar Gurjar
For Respondent(s)	: Mr.	Lalit Kishor Sen,PP

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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21/08/2024

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Instant Criminal appeal has been preferred to enlarge the appellant on bail under Section 14A of the SC/ST (Prevention of Atrocities) Amendment act 2015 and being aggrieved of the order dated 02.07.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities) Cases, Bhilwara in Criminal Misc. Case No.193/2024 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.310/2024, Police Station Kotwali Bhilwara, District Bhilwara, for offences under Sections 323, 341, 307 of IPC and Sections 3(1) (r), 3(1)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

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[CRLAS-989/2024]

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Learned Public Prosecutor filed a report of service of notice issued to the private respondent. Despite service of notice, no one is present today on behalf of the private respondent.

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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. Factual report produced by the learned Public Prosecutor is taken on record.

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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 injured Shyamlal has received injuries. None of the injuries has been found to be grievous or dangerous to his life. Trial is likely to take its own considerable time and no useful purpose would be served by keeping appellant 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 02.07.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities) Cases, Bhilwara in Criminal Misc. Case No.193/2024 is set aside and it is ordered that the accused-appellant Mohan Das

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Soni @ Kalu Sindhi S/o Bhagwan Das arrested in connection with FIR No.310/2024 Police Station Kotwali Bhilwara, District Bhilwara 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

[2024:RJ-JD:34530]

[CRLAS-989/2024]

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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 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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121-suraj/-

Mohan Das Soni @ Kalu Sindhi v. State of Rajasthan

Case brief

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Mohan Das Soni @ Kalu Sindhi v. State of Rajasthan

Case brief

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