The appellant, convicted under the SC/ST Act and IPC, sought regular bail. The High Court allowed the appeal and granted bail, order release, since co-accused were already on bail, without analyzing facts.
Appellant admitted to bail subject to the satisfaction of the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR.
ORDER
S.B. CRIMINAL APPEAL No. 1466/2017.
Kalla @ Kishan Singh S/o Shri Rambabu B/c Thakur, R/o Revai, PS Badi, District Dholpur. (At Present Confined in District Jail, Dholpur).
Vs.
State of Rajasthan
For Applicant(s) : Shri Yogesh Singhal
For State : Shri R.R. Gurjar P.P.
HON'BLE MRS. JUSTICE SABINA Order
10.11.2017
Appellant has filed this appeal under Section 14(A) (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC & ST Act') seeking regular bail in F.I.R. No. 321/2008 registered at Police Station Badi, District Dholpur for offence under Section 147, 148, 149, 323, 341, 302, 307 Indian Penal Code 1860, Section 3-I(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 3/25 of Arms Act, 1959.
Learned counsel for the appellant has submitted that the appellant is in custody since 20.5.2010. Co-accused have been granted bail by this court, keeping in view their custody period. Case of the appellant is on similar footing.
Learned State Counsel, on the other hand, has opposed the petition.
Since the co-accused have been granted bail by this court and without expressing any opinion on the facts and circumstances of the present case, it would be just and expedient to order release of
the appellant on bail.
Accordingly, this appeal is allowed. Appellant be admitted to bail subject to the satisfaction of the trial court.
(SABINA), J
mrg./26
1 issue framed by the court
Whether the appellant is eligible for regular bail considering the co-accused have already been granted bail by this court.
1 provisions across 1 enactments
Kalla @ Kishan Singh S/o Shri Rambabu
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
