SANJAY JAKHAD SON OF SHRI RAMCHANDRA JAKHAD v. STATE OF RAJASTHAN
CRLAS/17/2025 · 2025-01-10
Anil Kumar Upman
Criminal Appealbody2025
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[ 2025 DAILYLAW 2488 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 2488 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:1663] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (SB) No. 17/2025 Sanjay Jakhad Son Of Shri Ramchandra Jakhad, Aged About 39 Years, Resident Of 42A, Arpit Nagar, Vaishali Nagar Police Station Chitrakoot Jaipur (At Present In Central Jail Jaipur). ----Accused-Appellant Versus
1. State Of Rajasthan, Through PP ----Respondent
2. Ashok Kumar Meena Son Of Shri Berisal Meena, Resident Of Jaisinghpura Bas, Bhankrota Jaipur West (Raj). ----Complainant/Respondent For Appellant(s) : Mr. Mahendra Shandilya, Adv. For Respondent(s) : Ms. Arti Sharma, PP and Mr. Krishan Kumar Chawal, Adv., for complainant.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 10/01/2025
1. This instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 23.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases (Additional Sessions Judge No.2), Jaipur Metropolitan Second (Raj) in Bail Application No.190/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.474/2023 Police Station Bhankrota, District Jaipur (West) for the offences under Sections 3(1)(f), 3(1)(g), 3(1)(p), 3(1)(q), 3(1)(r), 3(1)(s), 3(2) (ii), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015) and Sections 143, 209, 323, 341, 384, 388 of
[2025:RJ-JP:1663] (2 of 3) [CRLAS-17/2025] IPC. Investigating is being conducted in this matter for the offences punishable under Sections 3(1)(f), 3(1)(g), 3(1)(p), 3(1) (q), 3(2)(va) of SC/ST (Prevention of Atrocities) Act.
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that petty dispute arose between the parties has now been resolved by the parties amicably. He further submits that possession of the land in question has been handed over to the complainant. He argues that trial of the case will take considerable time. He further argues that the appellant is in custody since long and further custody of the appellant would not serve any fruitful purpose.
3. Per contra, learned Public Prosecutor assisted by the learned counsel for complainant vehemently opposes the prayer of bail made in this appeal. Learned counsel for the complainant does not dispute factum of compromise.
4. Heard. Perused the material available on record.
5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail.
6. Consequently, this instant appeal is allowed. The impugned
order dated 23.12.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases (Additional Sessions Judge No.2), Jaipur Metropolitan Second (Raj) is set aside. It is ordered that the accused-appellant – Sanjay Jakhad Son Of Shri Ramchandra
[2025:RJ-JP:1663] (3 of 3) [CRLAS-17/2025] Jakhad arrested in connection with aforesaid FIR No.474/2023 Police Station Bhankrota, District Jaipur (West), shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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.
(ANIL KUMAR UPMAN),J MADAN/Comp.-1