SOHAN SINGH ALIAS TEMU S/O SHREE CHHITAR SINGH v. STATE OF RAJASTHAN
CRLAS/411/2025 · 2025-03-07
Anil Kumar Upman
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5912 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5912 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10598] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 411/2025
1. Sohan Singh Alias Temu S/o Shree Chhitar Singh, R/o Ramner Dhani Police Station Gandhi Nagar, Distict Ajmer (Presently Lodged In Central Jail Ajmer)
2. Hanuman Giri S/o Shri Ramesh Gusai, R/o Ramner Ki Dhani Police Station Gandhi Nagar, District Ajmer (Presently Lodged In Central Jail Ajmer) ----Appellants Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Ram Lal S/o Shri Sua Ram, R/o Ramner Ki Dhani Police Station Gandhi Nagar, District Ajmer ----Respondents For Appellant(s) : Mr. Parth Sharma for Mr. Sudhir Jain For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/03/2025
1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 24.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) in Bail Application No.72/2025 rejecting the bail application preferred on behalf of the appellants, who are in custody in connection with FIR No.234/2016 registered at Police Station Gandhi Nagar, District Ajmer (Rajasthan) for the offences under Sections 341, 323 & 307 of IPC, Section 3(2)(v) & 3(1) of SC/ST (Prevention of Atrocities) Act and Section 3/27 of Arms Act.
[2025:RJ-JP:10598] (2 of 3) [CRLAS-411/2025]
2. It is contended by counsel for the appellants that the present matter is of bail jump. It is submitted that due to some unavoidable circumstances, the appellants could not appear before the learned trial Court on the date fixed and as such, their bail bonds were forfeited and they were called through arrest warrant. He submits that the appellants undertake to appear before the learned trial Court on each and every date as fixed by the trial Court. He thus, prays that the instant appeal for bail may be allowed.
3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal. He submits that complainant of this case has duly been informed about hearing of this appeal.
4. Despite information, no one has put in appearance on behalf of complainant.
5. I have considered the contentions.
6. Considering the overall facts & circumstances of the case and on the undertaking of the appellants that henceforth the appellants shall appear on each and every date as fixed by the trial court, I deem it proper to allow the appeal, subject to deposition of fine imposed by the learned trial Court under Section 446 of Cr.PC.
7. Consequently, the instant appeal is allowed. The impugned
order dated 24.01.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) in Bail Application No.72/2025 is set aside. It is ordered that the accused-appellants- (1) Sohan Singh Alias Temu S/o Shree Chhitar Singh and (2) Hanuman Giri S/o Shri Ramesh Gusai arrested in
[2025:RJ-JP:10598] (3 of 3) [CRLAS-411/2025] connection with No.234/2016 registered at Police Station Gandhi Nagar, District Ajmer (Rajasthan), shall be released on bail, if not wanted in any other case, provided each of them 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.
8. The observation made herein above is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /227