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2018 DIGILAW 2034 (RAJ)

Abbas v. State of Rajasthan

2018-10-03

VIJAY BISHNOI

body2018
JUDGMENT Vijay Bishnoi, J. - These criminal appeals under section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') have been filed on behalf of the appellants being aggrieved with the order dated 20.08.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Cases No.297/2018 and 298/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No.242/2018 of Police Station Pratap Nagar, District Jodhpur City West for the offences punishable under Sections 458, 323, 308, 354, 336, 143 IPC and Section 3(2)(V) and 3(1)(W)(R)(S) of SC/ST Act. 3. Both the learned counsel for the appellants have submitted that the co-accused person viz. Mohmmed Salim @ Sanu @ Sonu have already been enlarged on bail by this Court vide order dated 28.09.2018 passed in S.B Criminal Appeal No.1056/2018. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal. 5. Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record. 6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellants under Section 14A(2) of SC/ST Act. 7. Accordingly, these criminal appeals filed under Section 14 A(2) of SC/ST Act are allowed and the order dated 20.08.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur in Criminal Misc. Cases No.297/2018 and 298/2018 are set aside. It is directed that appellants - Abbas S/o Jameel Khan and Faraj Khan S/o Sanaulla Khan Silawat shall be released on bail in connection with FIR No.242/2018 of Police Station Pratap Nagar, District Jodhpur City West provided each of them executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.