HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal No. 561/2022

Kamal Kishore S/o Shri Purshottam Das, Aged About 30 Years,

B/c Mali, R/o Village Khejadla Tehsil Bilara District Jodhpur.

(At Present Lodged In Central Jail, Jodhpur).

----Appellant

Versus

1.

The State of Rajasthan

2.

Deepa Ram S/o Sh. Mala Ram, R/o Village Khejadla Tehsil

Bilara District Jodhpur.

----Respondents

For Appellant(s)

:

Mr. R.S. Choudhary

Mr. J.K. Suthar

For Respondent No.1

:

Mr. Shrawan Bishnoi, P.P.

For Respondent No.2

:

Mr. K.L. Chouhan

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

25/05/2022

This criminal appeal 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’) has been filed on

behalf of the appellant being aggrieved with the order dated

31.03.2022 passed by the Special Judge, Schedule Castes and

Scheduled Tribes (Prevention of Atrocities Cases) Jodhpur

Metropolitan (hereinafter to be referred as ‘trial court’) in Criminal

Misc. Case No.81/2022, whereby the trial court has dismissed the

bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.247/2018 of

Police Station Bilara, District Jodhpur for the offences punishable

(2 of 3)

[CRLAS-561/2022]

under Sections 341, 323, 307 and 302 IPC and Sections 3(1)(r),

3(1)(s), 3(2)(Va) and 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that after

rejection of earlier criminal appeal of the appellant by this Court,

the statement of the doctor, who has conducted the postmortem

of the deceased, has been recorded before the trial court as PW-9.

Learned counsel for the appellant has submitted that PW-9 Dr.

Imran Shekh in his cross-examination has clearly admitted that he

wrote Q to R in Exp.-14 by taking note from BHT, wherein the

meaning of RTA is mentioned as Road Traffic Accident. It is,

therefore, submitted that as a matter of fact, the deceased

received injury on account of road accident, however, due to

previous enmity, the allegation has been levelled against the

appellant of dashing his car in the motorcycle, on which the

deceased was riding along with two other injured persons.

Learned counsel for the appellant has invited my attention

towards the naksha moka of the accident, prepared by the police,

and pointed out that the accident took place exactly on the speed

breaker which suggests that the motorcycle, on which the

deceased was riding, skid at the speed breaker and on account of

that the deceased and two other injured received injuries. It is

submitted that the appellant is in custody since 29.09.2018 and

still the trial against him has not been completed.

Learned Public Prosecutor appearing for the respondent

No.1-State as well as learned counsel for the respondent

No.2/complainant have vehemently opposed the prayer made on

behalf of the appellant in this criminal appeal and argued that the

prosecution has produced sufficient evidence to conclude that the

(3 of 3)

[CRLAS-561/2022]

appellant deliberately dashed his car in the motorcycle which

resulted into the death of the deceased.

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

accused 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 31.03.2022 passed by

the Special Judge, Schedule Castes and Scheduled Tribes

(Prevention of Atrocities Cases) Jodhpur Metropolitan in Criminal

Misc. Case No.81/2022 is set aside. It is directed that appellant

Kamal Kishore S/o Shri Purshottam Das shall be r