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2025 DAILYLAW 3326 (RAJ)

SHARWAN KUMAR @ SHARWAN S/O RAMKUMAR v. STATE OF RAJASTHAN

CRLAS/147/2025 · 2025-01-27

Uma Shanker Vyas

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:3700] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 147/2025 Sharwan Kumar @ Sharwan S/o Ramkumar, Aged About 23 Years, R/o Kesripura Police Station Gudhagaurji District Jhunjhunu (At Present Confined In District Jail Jhunjhunu() ----Appellant Versus 1. State Of Rajasthan, Through Pp 2. Shiv Kumar Jevriya S/o Sher Singh, At Present R/o Jeet Nagar, Kasba Jhunjhunu District Jhunjhunu (Raj) Permanent R/o Rava Khetri District Neemkathana (Raj) ----Respondents For Appellant(s) : Mr. O.P. Jhajhria, Adv. For Respondent(s) : Mr. Jai Prakash Tiwari, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 27/01/2025 Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”) has been made in the present case. The present criminal appeal under Section 14-A of the Act of 1989 has been filed in connection with FIR No.559/2024 registered at Police Station Kotwali, Jhunjhunu, District Jhunjhunu for the offence under [2025:RJ-JP:3700] (2 of 3) [CRLAS-147/2025] Section(s) 109(2), 126(2) & 324(6) of BNS and under Section(s) 3(2)(va) of the Act of 1989. It is contended by learned counsel for the appellant that the appellant is innocent and has falsely been implicated in this case. He further submits that it is a case of no injury. He also submits that the accused-appellant has been in judicial custody since 04.10.2024 and the conclusion of the trial will take long time, hence prays for his release on bail. Learned Public Prosecutor has opposed the appeal. Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the appellant on bail. The order dated 07.12.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jhunjhunu (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Sharwan Kumar @ Sharwan S/o Ramkumar shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac [2025:RJ-JP:3700] (3 of 3) [CRLAS-147/2025] 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 he 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./480(3) BNSS. (UMA SHANKER VYAS),J DANISH USMANI /08