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2023 DIGILAW 1266 (RAJ)

Bablu @ Mohammed Hatam S/o Shri Mohammad Aalam v. State of Rajasthan

2023-07-03

KULDEEP MATHUR

body2023
JUDGMENT : KULDEEP MATHUR, J. 1. The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellants against the order dated 31.3.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Bail Application No. 99/2023, whereby the bail application filed by the appellants, who have been arrested in connection with FIR No. 97/2023 registered at Police Station Shergarh, District Jodhpur Rural, for offences under Sections 341, 323, 449, 302/34 of IPC and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected. 2. Learned counsel for the appellants submitted that the appellants have been falsely implicated in the present case. Learned counsel submitted that from the perusal of the FIR, it is evident that specific allegation of inflicting blow on the head of deceased with the help of iron rod has been levelled against appellant No. 3 Shakeel. Learned counsel submitted that though an allegation of beating deceased with the help of stick has been levelled against the appellants Nos.1 and 2 but as per the post mortem report, the same had not proved to be fatal in nature. Learned counsel further submitted that the iron rod allegedly used for commission of crime has been recovered on the basis of the information provided by appellant No. 3 Shakeel in his disclosure statement under Section 27 of the Indian Evidence Act. Lastly, it was submitted that omnibus allegations have been levelled against the appellants Nos.1 and 2 along with 8-10 other persons only with a view to falsely implicate them in the present case. 3. Learned counsel submitted that the appellants are in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellants. 4. Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the appeal. 5. Heard learned counsel for the appellants, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record. 6. 4. Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the appeal. 5. Heard learned counsel for the appellants, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record. 6. Having considered the rival submissions, facts and circumstances of the case so also the fact that specific allegation of inflicting blow on the head of the deceased with the help of iron rod has been attributed to the appellant No. 3 Shakeel, this Court is not inclined to enlarge him on bail. 7. Accordingly, the appeal is dismissed qua the appellant No. 3 Shakeel. 8. Having taken into facts and circumstances of the case so also the fact that omnibus allegations have been levelled against the appellants Nos.1 and 2, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge them on bail. 9. Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed to the extent of appellants No. 1 and 2. The order dated 31.3.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Bail Application No. 99/2023 is set aside and it is ordered that the accused-appellants-Bablu @ Mohammed Hatam S/o Shri Mohammad Aalam and Teeku @ Nasir S/o Shri Mohammad Rafiq @ Raju Pathan shall be enlarged on bail in connection with FIR No. 97/2023 registered at Police Station Shergarh, District Jodhpur Rural, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to so. 10. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of the instant appeal. The trial court shall not get prejudiced by the same.