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2024 DIGILAW 919 (RAJ)

Surendra Gocher @ Surendra Chabdi v. State of Rajasthan

2024-07-02

UMA SHANKER VYAS

body2024
JUDGMENT : Mr. Uma Shanker Vyas, J. - These present criminal appeals under Section 14A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989") have been filed in connection with FIR No.73/2024 registered at Police Station Sarolakala, District Jhalawar for the offence under Section(s) 341, 323, 504, 506, 457, 436 & 34 of IPC & under Section(s) 3-1(r)(s) 3-2(iii)(iv)(v)(va) of the Act of 1989 qua accused-appellants in S.B. Criminal Appeal (Sb) No. 1080/2024 and under Section(s) 436, 457, 341, 323, 504, 506 & 34 of IPC & 3-1(r)(s) 3-2(va) of the Act 1989 qua accused-appellant in S.B. Criminal Appeal (Sb) No. 1287/2024. 2. It is contended by learned counsel for appellants that appellants are innocent and have falsely been implicated in these cases. He further submits that accused-appellants have been in judicial custody since long and the conclusion of the trial will take long time, hence prays for their release on bail. 3. Learned Public Prosecutor as well as the learned counsel for complainant(s) have opposed these appeals. 4. Taking into consideration the overall facts and circumstances of these cases, but without expressing any opinion on the merits and demerits of these cases, this Court deems it just and proper to enlarge appellants on bail. 5. The orders dated 18.05.2024 & 21.06.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar (Rajasthan) are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants 1.Surendra Gocher @ Surendra Chabdi S/o Mahaveer, 2.Sunil S/o Suresh Kumar, 3.Kuldeep @ Kalu S/o Sh. Lal & 4.Shubham S/o Giriraj 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. 6. A copy of this order be placed in connected file.