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Hem Singh And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 20 December 2018 · Citation: (2018) 12 RAJ CK 0241

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(1)(S), 3(2)(VA), 14A(2) · Indian Penal Code, 1860 — Section 143, 323, 379, 427, 447
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 1494 Of 2018
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Judgment

6 paragraphs · 338 words

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellants being aggrieved with the order dated 18.12.2018 passed by the Special Judge, SC/ST Act Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.429/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellants.

The appellants have been arrested in FIR No.129/2018 of Police Station Bhojasar, District Jodhpur, District for the offences punishable under Sections 143, 323, 447, 427 and 379 of I.P.C. and under Section 3(1)(S), 3(2)(VA) of SC/ST Act.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal.

Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellants under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 18.12.2018 passed by the Special Judge, SC/ST Act Cases, Jodhpur in Criminal Misc. Case No.429/2018 is set aside. It is directed that appellants No.1 Hem Singh, No.2 Swaroop Singh, No.3 Karan Singh, No.4 Sher Singh, No.5 Sawai Singh, No.6 Hari Singh, No.7 Dalpat Singh, No.8 Rajendra Singh, No.9 Chandra Singh and No.10 Jaswant Singh @ Deep Singh shall be released on bail in connection with FIR No.129/2018 of Police Station Bhojasar, District Jodhpur, provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.