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Judgments of Supreme Court of India and High Courts

Imran @ Anna vs State on 1 November, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1246/2018

Imran @ Anna S/o Sh. Manzur Ali, Aged About 30 Years, B/c
Rangrej Muslim, R/o 107, Jangiwada, Pali, Teh. And Distt. Pali.

(Confined In Distt. Jail, Pali)

—-Appellant
Versus
State of Rajasthan

—-Respondent

For Appellant(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. L.R. Upadhayay, PP

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/11/2018

This criminal appeal under Section 14-A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(hereinafter to be referred as ‘the SC/ST Act’) has been filed on

behalf of the appellant being aggrieved with the order dated

6.10.2018 passed by the Special Judge, SC/ST (Prevention of

Atrocities) Act Cases, Pali (hereinafter to be referred as ‘trial

court’) in Criminal Misc. Case No.788/2018 whereby, the trial

court has dismissed the bail application filed on behalf of the

appellant.

The appellant has been arrested in FIR No.413/2018 of Police

Station Pali Kotwali, Distt. Pali for the offences punishable under

Section 377 IPC and Section 3(2)(V) of the SC/ST Act.

Learned counsel for the appellant has submitted that charge-

sheet has been filed in the matter.

(2 of 2) [CRLAS-1246/2018]

Learned Public Prosecutor has opposed the prayer made on

behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned

Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to allow the appeal filed by the

appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2)

of SC/ST Act is allowed and the order dated 6.10.2018 passed by

the trial court in Criminal Misc. Case No.788/2018 is set aside. It

is directed that appellant – Imran @ Anna son of Manzur Ali shall

be released on bail in connection with FIR No.413/2018 of Police

Station Pali Kotwali, Distt. Pali provided he executes a personal

bond in the sum of Rs.50,000/- with two sound and solvent

sureties of Rs.25,000/- each to the satisfaction of learned trial

court for his appearance before that court on each and every date

of hearing and whenever called upon to do so till the completion of

the trial.

(VIJAY BISHNOI),J

ms rathore

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