Special Leave Petition dismissing the bail rejection order of the Special Judge SC/ST, Pali, in a cast-based offence case, setting aside the impugned order and directing release of the appellant on bail with surety bonds.
Impugned order setting aside, appellant released on bail with personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 488 / 2018
Manish Bishnoi S/o Shri Poona Ram, By Caste Bishnoi, Resident of Inside Ushapuri, Sumerpur, District Pali. (At Present Lodged in District Jail Pali)
----Petitioner
Versus
The State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Vishal Sharma
For Respondent(s) : Mr. Pankaj Awasthi,PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/05/2018
Heard learned counsel for the appellant and learned public prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A (2) SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No. 161/2018 Police Station Sumerpur, District Pali for the offence under Sections 323, 341, 327, 392/511 IPC & Section 3 (R), 3 (2) (v) of SC/ST Act against the order dated 11/04/2018 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Pali whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that the appellant has falsely been implicated in this case and now he is in judicial custody and the trial of the case will take sufficient long time to be
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[CRLAS-488/2018]
concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor has opposed the prayer for bail.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 11/04/2018 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Pali, is set aside. It is ordered that the accused appellant Manish Bishnoi S/o Shri Poona Ram arrested in connection with FIR No. 161/2018 Police Station Sumerpur, District Pali shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs. 50,000/- 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.
(MANOJ KUMAR GARG) J.
TN/51
3 issues framed by the court
Whether the bail application preferred by the appellant under Section 439 Cr.P.C. should be allowed on merits.
Whether the order of bail rejection passed by the learned Special Judge SC/ST, Pali, deserves to be set aside.
Whether to release the appellant on bail subject to furnishing bond with the trial Court.
2 provisions across 2 enactments
Manish Bishnoi
The State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
