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2022 DIGILAW 1186 (RAJ)

Haider Ali v. State Of Rajasthan

2022-04-13

SANDEEP MEHTA

body2022
JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainants. Perused the material available on record. 2. The instant appeal has been filed under Section 14a(2) SC/ST (Pa) act on behalf of the appellant, who is in custody in connection with F.I.R. No.56/2017 registered at the Police Station Sadul Shahar, District Sri Ganganagar, for the offences under Sections 302, 120-B IPC and Section 3(2)(v) of the SC/ST (Pa) act against the order dated 19.01.2022 passed by the learned Special Judge, SC/ST act Cases, Sri Ganganagar whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 3. The prosecution has come out with an allegation that the accused Jaswant Singh conspired with the petitioner and the co-accused Tufail Khan for murdering his wife Smt. Rajbala and his mother-in-law Parmeshwari so as to usurp their properties. Jaswant Singh himself lodged the FIR claiming that some unknown persons had killed the two women while he was proceeding with them in a car on 03.03.2017. However, the Investigating Officer conducted thorough investigation and concluded that Jaswant Singh himself conspired with hired assassins and got the two ladies murdered. The case as against the accused appellant, co-accused Mohd. Subhan and Tufail Khan is based purely on circumstantial evidence. Most of the conclusions drawn by the Investigating Officer in the charge-sheet as against the appellant are based on the interrogation note of Jaswant Singh. a perusal of the call detail records procured by the Investigating Officer gives a clear indication that the same pertain to the mobile numbers held by Tufail Khan, Iqbal Khan and Jaswant. The bail appeal of Tufail Khan bearing No.94/2021 has been accepted by co-ordinate Bench of this court vide order dated 18.05.2021. The case of the present appellant is in no manner distinguishable from that of co-accused Tufail Khan. The appellant is in custody since 09.03.2017. There is no prospect of early conclusion of trial. 4. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside. 5. Consequently, the instant appeal is allowed. 5. Consequently, the instant appeal is allowed. The impugned order dated 19.01.2022 passed by the learned Special Judge, SC/ST act Cases, Sri Ganganagar in Criminal Misc. Case No.12/2022 is set aside. It is ordered that the accused-appellant, Haider ali S/o ahamad Khan arrested in connection with F.I.R. No.56/2017 registered at the Police Station Sadul Shahar, District Sri Ganganagar shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds 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.