Subhash @ Subala vs State Of Rajasthan Through P P on 27 June, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Appeal No. 1130 / 2017
Subhash @ Subala S/o Shri Jai Singh B/c Meghwal Profession

Labour, Aged About 25 Years, R/o Village Jhirandiya, Police Station

Kishangarhbas Distt Alwar (at Present Confined At Sub Jail

Kishangarhbas)

—-Appellant
Versus
State of Rajasthan Through PP
—-Respondent

__
For Appellant(s) : Mr. Ramavtar Meena
For Respondent(s) : Mr. Rishi Raj Singh, PP
__
HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA VJ
Judgment / Order
27/06/2017

This appeal has been filed under Section 14A of SC/ST Act

against the order dated 25.05.2017 passed by the Special Judge,

SC/ST (Prevention of Atrocities) Act Cases, Alwar whereby the

bail application filed by the appellant has been dismissed.

Brief facts of the case are that an FIR No.86/2017 was

registered at P.S. Kishangarh Bas for the offences mentioned

therein. During the course of investigation, the accused appellant

was arrested. Thereafter he moved the bail application before the

trial court, who vide impugned order dismissed the same. Hence

this appeal has been filed on behalf of the appellant.

(2 of 2)
[CRLA-1130/2017]

Learned counsel for the appellant has contended that the

allegation does not support the medical report. Appellant is in

judicial lockup since long and the conclusion of the trial will take

time, hence the accused appellant should be released on bail.

On the other hand, learned Public Prosecutor has opposed

the submissions advanced on behalf of learned counsel for the

appellant.

Looking to the facts and circumstances of the case that the

READ  Arvind Kumar & Anr vs State Of Madhya Pradesh on 24 July, 2007

allegation against the petitioner are under Section 377 I.P.C.

under Section 5 (M)/O POCSO Act, and without expressing any

opinion on the merits and demerits of the case, I deem it just and

proper to release the appellant/s on bail.

Therefore, this appeal is allowed and it is directed that

accused appellant Subhash @ Subala S/o Shri Jai Singh shall

be released on bail under Section 14 A of SC/ST Act in connection

with afore-mentioned FIR provided he furnishes a personal bond

in the sum of Rs.50,000/- together with two sureties in the sum

of Rs.25,000/- each to the satisfaction of the trial court with the

stipulation that he shall appear before that court on all subsequent

dates of hearing and as and when called upon to do so.

(SANJEEV PRAKASH SHARMA VJ)J.

Arti/64

Leave a Comment

Your email address will not be published. Required fields are marked *