The High Court of Rajasthan granted regular bail to an appellant in a murder case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, without expressing an opinion on the merits, subject to Trial Court satisfaction.
Release of the appellant on regular bail subject to satisfaction of the Trial Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL APPEAL NO. 134/2019
Prakashchand S/o Chandarlal @ Ramchand, By Caste Kalal, R/o Sarkhedi P.S. Pidawa, District Jhalawar.
----Appellant
Versus
State of Rajasthan Through P.P.
----Respondent
For Appellant : Mr. Pranay Raj Singh Jhala For Respondent : Mr. N.S. Dhakad, P.P.
HON'BLE MRS. JUSTICE SABINA Judgment
24/01/2019
Appellant has filed this appeal under Section 14 of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking regular bail in F.I.R. No. 211/2016 registered at Police Station Pidawa, District Jhalawar for offence under Sections 302, 201 Indian Penal Code, 1860.
Learned counsel for the appellant has submitted that the alleged witnesses before whom petitioner had suffered extra judicial confession have not supported the prosecution case, during trial. Appellant is in custody since 8.11.2016. So far as the statement of the complainant is concerned, he has last seen the petitioner along with others and the deceased one day prior to the occurrence.
Learned State Counsel, has opposed the appeal.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the appellant on bail.
Accordingly, without expressing any opinion on the merits of the case, this appeal is allowed. Appellant be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/77
2 issues framed by the court
Whether the appellant is eligible for regular bail under Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in a case involving murder.
Will the bail be granted without expressing an opinion on the merits of the case?
3 provisions across 3 enactments
Prakashchand S/o Chandarlal @ Ramchand
State of Rajasthan
Sabina
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
