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2017 DIGILAW 2434 (RAJ)

Jinda Khan S/o Sh. Mubin Khan v. State of Rajasthan

2017-11-06

P.K LOHRA

body2017
ORDER : P.K LOHRA, J. 1. Accused-appellants have laid this appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘Act of 1989’) to assail impugned order dated 07.10.2017 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) Cases, Jalore (for short, ‘learned trial Court’). By the order impugned, learned trial Court has rejected the bail application of appellants in respect of FIR No. 85/2017 of Police Station Chitalwana, District Jalore for offences under Sections 447, 323, 324, 326, 427/34 IPC and Section 3(1)(m)(n) and 2(v)(va) of the Act of 1989. 2. Learned counsel for the appellants submits that appellants have been falsely implicated in the matter and the allegations contained in the FIR are inherently improbable. Learned counsel for the appellants submits that important aspects of the matter have not been examined by the learned trial Court while rejecting the bail application of appellants. 3. Learned Public Prosecutor has opposed the appeal and submits that looking to the gravity and magnitude of offences attributed to the appellants, no interference with the impugned order is warranted. Learned Public Prosecutor further submits that the learned trial Court, in its discretion, has declined the prayer for bail to the appellants, which is not liable to be tinkered with in exercise of appellate jurisdiction. 4. Having heard learned counsel for the parties and taking into account all the facts and circumstances of the case, I feel persuaded to set aside the impugned order. 5. Accordingly, the instant appeal is allowed, the impugned order passed by learned trial Court is set aside and it is ordered that accused-appellants, (1) Jinda Khan S/o Sh. Mubin Khan, (2) Anwar Khan S/o Sh. Hasam Khan, and (3) Nawab Khan S/o Gula Khan, arrested in connection with F.I.R No. 85/2017 of Police Station Chitalwana, District Jalore, may be released on bail; provided each one of them furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of 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.