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Hindu Ram And Ors vs State of Rajasthan

Rajasthan High Court · Decided on 4 May 2020 · Citation: (2020) 05 RAJ CK 0007

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 — Section 3(1)(D)(G)(B)(I), 3(2)(V)(VA), 14A(2) · Indian Penal Code, 1860 — Section 147, 148, 149, 447, 323, 307, 354 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 395 Of 2020
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Judgment

8 paragraphs · 387 words

Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

The instant appeal has been filed under Section 14A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellants, who are in custody in connection with F.I.R. No. 39/2020, Police Station Samdari, District Barmer for the offences under Sections 147, 148, 447, 323, 307, 354 & 149 of I.P.C. and Section 3(1)(D)(G)(B)(I) & 3(2)(V)(VA) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 24.03.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Balotra, District Barmer whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellants was rejected.

Heard Mr. B.S. Charan, learned counsel for the appellants as well as Mr. Gaurav Singh, learned Public Prosecutor on "Jitsi Meet" app.

I have gone through the order impugned as well as pleadings in the appeal.

Learned counsel for the appellants submits that there are cross F.I.Rs. in the present case, in which the persons of the appellant's party have also sustained injuries. The appellants are facing incarceration since last one and half months.

Mr. Gaurav Singh, learned Public Prosecutor opposes the bail.

Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the appellants on bail.

Consequently, the instant appeal is allowed. The impugned Order dated 24.03.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Balotra, District Barmer is set aside. It is ordered that the accused-appellants (1) Hindu Ram S/o Dungar Ram, (2) Suresh S/o Mangilal Babudi, (3) Karan @ Karnaram S/o Durgaram, (4) Vikram @ Ramesh S/o Hindu Ram and (5) Bheema Ram S/o Basti Ram arrested in connection with F.I.R. No. 39/2020, Police Station Samdari, District Barmer shall be released on bail provided each of them 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.