High CourtsSingle Bench

Sitaram And Anr @APPELLANT@Hash State Of Rajasthan

Rajasthan High Court · Decided on 5 March 2018 · Citation: (2018) 03 RAJ CK 0020

HON’BLE JUDGES
PANKAJ BHANDARI, J
ACTS & SECTIONS REFERRED
Indian Penal Code , 1860 — Section 143, 323, 341, 379, 427 · Code of Criminal Procedure, 1973 — Section 438 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — 3(1)(S), 3(2)(va)
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 343 of 2018
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Judgment

16 paragraphs · 289 words
1.

Appellants have preferred this appeal aggrieved by order dated 2.2.2018 passed by Special Judge, SC/ST Cases, Karauli whereby the bail

application filed by these appellants under Section 438 of Cr.P.C. was rejected.

2.

F.I.R. No. 103/2017 was registered at Police Station Balghat, District Karauli for offence under Sections 143, 323, 341, 427 & 379 of I.P.C. and

under Section 3(1)(S) & 3(2)(va) of SC/ST Prevention of Atrocities Cases, 1989 (Amended Act) 2015.

3.

It is contended by counsel for the appellants that there is no specific allegation of causing injury to the injured. There are general allegation in the

FIR. Co-accused has been given benefit of bail by this Court.

4.

Learned Public Prosecutor has opposed the appeal.

5.

I have considered the contentions.

6.

Considering the arguments put forth by counsel for the appellants, I deem it proper to allow the appeal.

7.

The order dated 2.2.2018 is quashed and set aside and the appeal is allowed. The S.H.O/I.O/Arresting Officer, Police Station Balghat, Karauli in

F.I.R. No. 103/2017 is directed that in the event of arrest of the appellants they shall be released on bail, provided they furnish a personal bond in the

sum of Rs.50,000/-with two sureties in the sum of Rs. 25,000/- each to their satisfaction on the following conditions :-

(i). that the appellants shall make themselves available for interrogation by a police officer as and when required;

(ii). that the appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to the court or any police officer, and

(iii). that the appellants shall not leave India without previous permission of the court.