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2019 DIGILAW 226 (RAJ)

Sharwan Kumar v. State of Rajasthan, Through PP

2019-01-18

VIJAY BISHNOI

body2019
JUDGMENT 1. These criminal appeals under Section 14-A(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 04.01.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh (hereinafter to be referred as Trial Court) in Criminal Misc. (Bail) Case No. 01/2019 (CIS No. 01/2019) whereby, the Trial Court has dismissed the bail applications filed on behalf of the appellants. 2. The appellants have been arrested in FIR No. 380/2018 of Police Station Sangaria, District Hanumangarh for the offences punishable under Sections 302, 427, 147, 148, 149 IPC and under Section 3(2)(5) of the SC/ST Act. 3. Learned counsel for the appellants has submitted that the First Appeal No. 1198/2018 filed on behalf of the appellants (Appeal No. 44/2019) was dismissed as not pressed on 23.10.2018, while granting liberty to the appellants to file fresh appeal after recording of the statements of the witnesses, namely, Krishan S/o Chanda Singh, Kaku Singh S/o Jora Singh and Bhaga Ram @ Pahad Singh S/o Jora Singh. Learned counsel has submitted that the statement of these three witnesses have been record before the learned Trial Court as PW-1 to PW-3 respectively and all of these witnesses have not supported the prosecution story and as such, they have turned hostile. Learned counsel has submitted that the Police has mainly filed the charge-sheet against the appellants on the basis of the statement of the above-named witnesses and now the said witnesses have not supported the prosecution story and turned hostile. Learned counsel has further submitted that from the statements of PW-1 to PW-3, it is clear that the appellants have falsely been implicated in the present case. 4. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer made on behalf of the appellant 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 fit and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act. 7. 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 fit and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act. 7. Accordingly, both these criminal appeals filed under Section 14-A(2) of SC/ST Act are allowed and the order dated 04.01.2019 passed by the Trial Court in Criminal Misc. (Bail) Case No. 01/2019 (CIS No. 01/2019) are set aside. It is directed that the appellants- (1) Sharwan Kumar son of Dalip Kumar, (2) Mahendra Kumar son of Manphol Singh, (3) Kuldeep Kumar @ Kalu son of Amarchand and (4) Gurvinder Singh son of Gurdeep Singh (Appeal No. 44/2019) and the appellant - Vikash Kumar son of Omprakash (Appeal No. 45/2019) shall be released on bail in connection with FIR No. 380/2018 of Police Station Sangaria, District Hanumangarh provided they execute a personal bond in the sum of Rs. 50,000/- each 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.