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2022 DIGILAW 569 (RAJ)

Mada Ram v. State Of Rajasthan

2022-02-17

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - The instant appeal has been filed under Section 14a SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.184/2021, Police Station Rajiv Gandhi Nagar (Jodhpur) for the offences under Sections 323, 341, 458, 384, 308/34 of I.P.C. and 3(i)(R)(S), 3(2)(v)(va) of the SC/ST act against the order dated 18.01.2022 passed by learned Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Heard. Perused the material available on record. 3. The earlier appeal of the appellant was dismissed as not pressed on 05.01.2022 and liberty was sought to file fresh appeal after the filing of the challan. Factually, the challan was filed on 01.01.2022 but this fact was not brought to the notice of this Court at the time of deciding the earlier appeal on 05.01.2022. 4. It is submitted by learned counsel for the appellant that even the counsel for the appellant was not aware about the fact of filing of the charge sheet in the present case. Subsequently, the same has been brought to the notice of the counsel and therefore, the present appeal has been filed. Learned counsel further submits that the injury report of Prabhudayal shows that all the injuries sustained by the injured are simple in nature. The incident occurred on a trivial issue in the heat of passion. He, therefore, prays that the appeal of the appellant may be allowed. 5. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the present appeal. 6. Considering the fact that the counsel was not aware of the fact of filing of the charge sheet in the case and the same was not brought to the notice of this Court, therefore, this appeal is entertained after the filing of the charge sheet. 7. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced as also considering the fact that the injuries sustained by the injured are simple in nature, this Court is of the opinion that the appeal of the appellant deserves to be allowed. 8. Consequently, the instant appeal is allowed. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced as also considering the fact that the injuries sustained by the injured are simple in nature, this Court is of the opinion that the appeal of the appellant deserves to be allowed. 8. Consequently, the instant appeal is allowed. The impugned order dated 18.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Mada Ram @ Madhu Ram S/o Bhanwar Lal Jat arrested in connection with F.I.R. No.184/2021, Police Station Rajiv Gandhi Nagar (Jodhpur) shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.