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2020 DIGILAW 718 (RAJ)

Ram Singh v. State of Rajasthan, Through P. P.

2020-12-04

CHANDRA KUMAR SONGARA

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JUDGMENT : CHANDRA KUMAR SONGARA, J. The instant appeal has been filed under Section 14-A(2) S.C./S.T. (Prevention of Atrocities) Act, 1989 on behalf of the appellants, they are in custody in connection with F.I.R. No. 94/2020 registered at Police Station Kanwas, District Kota Rural for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 332, 333, 353 and 458 of IPC and Section 3(1)(r)(s), 3(2)(V), 3(2)(Va) of SC/ST (Prevention of Atrocities) Act against the order dated 12/10/2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected. 2. Learned counsel for the appellants submits that he may be permitted to withdraw the appeal filed on behalf of appellants/accused No. 1 Ram Singh and appellant/accused No. 2 Bhawani Shankar. 3. Permission, as sought for, is granted. 4. Appeal filed on behalf of appellants/accused No. 1 Ram Singh and appellant/accused No. 2 Bhawani Shankar is dismissed as withdrawn. 5. Learned counsel for the appellants submits that appellant no. 3 Bal Chand is not named in the FIR and there is no mention of test identification parade in the impugned order. He further submits that complainant clearly mentioned in FIR that he cannot recognize the persons who have attacked him. Appellant no. 3 is behind the bars since long. Trial will take a long time, hence, appeal filed of the appellant no. 3 Bal Chand may be granted. 6. Learned State counsel and counsel for the complainant both have strongly opposed the appeals. 7. Heard. Perused the material available on record. 8. Considering the submissions made by the learned counsel for the appellant no. 3 and as per injury report of Banwari Lal, he got eight injuries, out of which injury No. 3 is grievous in nature caused by blunt weapon on his right hand little finger and the facts and circumstances of the case but without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant no. 3 deserves to be enlarged on bail. 9. Consequently, the instant appeal filed on behalf of appellant no. 3 Bal Chand is allowed. The impugned order dated 12/10/2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. 3 deserves to be enlarged on bail. 9. Consequently, the instant appeal filed on behalf of appellant no. 3 Bal Chand is allowed. The impugned order dated 12/10/2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant Bal Chand son of Bhura Lal Meena arrested in connection with aforesaid FIR shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the 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.