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2023 DIGILAW 988 (RAJ)

Guddu v. State of Rajasthan, Through PP

2023-05-02

UMA SHANKER VYAS

body2023
JUDGMENT 1. Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989') has been made in present cases. 2. These criminal appeals under Section 14-A (2) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.97/2023 registered at Police Station Mania, District Dholpur for the offence under Section(s) 143, 323, 341, 504, 506 & 325 of IPC and under Section(s) 3(1)(r)(s) & 3(2)(va) of the Act of 1989. 3. It is contended by learned counsel for appellants that appellants are innocent and have falsely been implicated in these cases. They further submit that accused-appellants have been in judicial custody since long and the conclusion of the trial will take long time, hence pray for their release on bail. 4. Learned Public Prosecutor has opposed these appeals. 5. Taking into consideration the overall facts and circumstances of cases, but without expressing any opinion on the merits and demerits of cases, this Court deems it just and proper to enlarge appellants on bail. 6. The orders dated 20.04.2023 & 27.04.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Dholpur (Rajasthan) are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants 1.Guddu S/o Shri Omprakash @ Omi, 2.Ravi S/o Shri Rakesh, 3.Nekram S/o Shri Rati Ram & 4.Shersingh @ Sheru @ Raj S/o Malkhan Singh Alias Malkhe shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C. 7. A copy of this order be placed in each connected files.