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2025 DAILYLAW 8721 (RAJ)

SUBHASH KHARRA @ SHIVA SON OF SUNDARAM v. STATE OF RAJASTHAN

CRLAS/530/2025 · 2025-04-15

Pramil Kumar Mathur

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:16026] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 640/2025 Anil Kharbas S/o Sh. Murari Lal, Ro Chhara Ps Khandela District Sikar Rajasthan (At Present Confined In District Jail, Sikar) ----Appellant Versus 1. State Of Rajasthan, Throuh P.p 2. Sanjiv Kumar Meena S/o Sh. Jhabar Singh Meena, Resident Of Village Nimeda Jajod Sikar Rajasthan ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 530/2025 Subhash Kharra @ Shiva Son Of Sundaram, Resident Of Nangal Abhaypura Police Station Ranoli District Sikar Rajasthan (At Present Confined In District Jail Sikar) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Sanjeev Kumar Meena Son Of Shri Jhabar Singh Meena, Resident Of Nimeda Police Station Jajod District Sikar ----Respondents For Appellant(s) : Mr. Hem Singh For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 15/04/2025 1. These criminal appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) have been filed on behalf of the appellants being aggrieved with the orders dated 28.02.2025 and 15.02.2025 passed by the learned [2025:RJ-JP:16026] (2 of 3) [CRLAS-640/2025] Special Judge S.C./S.T. (Prevention of Atrocities Cases), Sikar (hereinafter to be referred as ‘trial court’) in FIR No. 40/2025 registered at Police Station Khandela, District-Sikar for the offences under Sections 333, 351(2), 351(3), 115(2) & 119(1) of BNS and Sections 3(2)(Va), 3(1)(s) & 3(1)(r) of SC/ST Act whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. Both these appeals arise out of the same FIR, therefore they are decided by this common order. 3. Heard the learned counsel for the appellants and learned Public Prosecutor and perused the material on record. 4. Learned counsel for the appellants submits that the appellants have falsely been implicated in this case. Appellants are behind the bar since inception of February, 2025. Appellants are local residents. The Sections of SC/ST act were added only to make the case of grave nature. He further submits that investigation/trial of the case may take considerable time. Therefore, the appeals presented by the present appellants may be allowed. 5. Learned Public Prosecutor opposes the prayer made on behalf of the appellants. 6. Considering the facts and circumstances of the case and without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the appeals filed by the appellants under Section 14-A(2) of SC/ST Act. [2025:RJ-JP:16026] (3 of 3) [CRLAS-640/2025] 7. Accordingly, these criminal appeals filed under Section 14- A(2) of SC/ST Act are allowed and orders dated 28.02.2025 and 15.02.2025 passed by the learned trial court are set aside. It is directed that appellants- Anil Kharbas S/o Sh. Murari Lal, and Subhash Kharra @ Shiva Son Of Sundaram shall be released on bail provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAMIL KUMAR MATHUR),J sunita /307-308