High CourtsSingle Bench(2020) 02 RAJ CK 0493

Mukesh vs State

Rajasthan High Court · Decided on 24 February 2020

HON’BLE JUDGES
Vinit Kumar Mathur, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 282 Of 2020

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Judgment

11 paragraphs · 373 words

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.41/2014, Police Station- Maulasar District Nagaur for the offences under Sections 341, 323, 504 of IPC and sections 3 (1)

(X) of SC/ST Act (Prevention of Atrocities) Act against the order dated 07.02.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Merta District Nagaur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

It is submitted by learned counsel for the appellant that the appellant is facing trial for the aforesaid offences. He was granted bail by the trial court but he failed to appear before the trial court on the date fixed for his appearance, therefore, he jumped the bail. The appellant is ready to submit his bail bonds and shall continue to appear before the trial court on each and every date of hearing fixed by the trial court and shall not jump the bail again.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail. However, it is made clear that last opportunity is granted to the present appellant in the case and if he commits default in appearing before the learned trial Court on the date fixed and will jump the bail, no leniency will be granted to

him in the future.

Consequently, the instant appeal is allowed. The impugned order dated 07.02.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Merta District Nagaur is set aside. It is ordered that the accused-appellant Mukesh S/o Sh. Bhiwa Ram arrested in connection with F.I.R.

No.41/2014, Police Station-Maulasar District Nagaur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty

Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.