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Rajasthan High Court · body

2019 DIGILAW 984 (RAJ)

Shyam Lal v. State, Through PP

2019-04-02

VIJAY BISHNOI

body2019
JUDGMENT 1. This criminal appeal 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) has been filed on behalf of the appellants being aggrieved with the order dated 6.3.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Case, Chittorgarh (hereinafter to be referred as trial court) in Criminal Misc. Case No. 74/2019 whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No. 31/2019 of Police Station Dungla, District Chittorgarh, for the offences punishable under Sections 307, 341, 342 and 324 I.P.C. and Section 3(2)(x) of SC/ST Act. 3. Heard learned counsel for the appellants, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record. 4. Learned counsel for the appellants has submitted that he does not want to press the appeal preferred on behalf of appellant No. 2 Puranmal S/o Savram, therefore, the appeal preferred by him is dismissed as not pressed. 5. So far as the appeal preferred on behalf of appellant No. 1 Shyam Lal S/o Savram is concerned, learned counsel for the appellants has submitted that allegations of inflicting grievous injuries on the heads of Mukesh and Girraj are against Puranmal. 6. Learned counsel for the appellants has submitted that it is a case of free fight wherein both the parties have received injuries. 7. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the prayer made on behalf of the appellant No. 1 in this criminal appeal. 8. 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 on behalf of the accused appellant No. 1 Shyam Lal under Section 14-A(2) of SC/ST Act. 9. Accordingly, the criminal appeal preferred on behalf of appellant No. 1 Shyam Lal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 6.3.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh in Criminal Misc. Case No. 74/2019 is set aside. 9. Accordingly, the criminal appeal preferred on behalf of appellant No. 1 Shyam Lal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 6.3.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh in Criminal Misc. Case No. 74/2019 is set aside. It is directed that appellant No. 1 Shyam Lal S/o Savram shall be released on bail in connection with FIR No. 31/2019 of Police Station Dungla, District Chittorgarh provided he 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 his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.