In appeal against the dismissal of a bail application, the High Court set aside the lower court's order allowing bail for the appellant under the SC/ST Act based on the totality of circumstances without adjudicating merits.
Appellant released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 594/2019
Sikandar S/o Mushtaq Ali, Aged About 26 Years, Caste Muslim Silawat, R/o Jagdamb Colony, Police Pratapnagar, Jodhpur, Rajasthan. (Presently Lodged In Central Jail, Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through Pp ----Respondent For Appellant(s) : Mr. Naman Mohnot For Respondent(s) : Mr. Vikram Sharma, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
15/07/2019
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 24.4.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as ‘trial court’) in Criminal Misc. Bail Case No.93/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.
The appellant has been arrested in FIR No.204/2019 of Police Station P.S. Pratap Nagar, Jodhpur, for the offences punishable under Sections 3(2)(i), 3 (1)(S), 3(1)(Da) & 3(2)(va) of SC/ST Act.
Learned counsel for the appellant has submitted that allegation against the appellant that he along with co-accused Adil
(2 of 2) [CRLAS-594/2019]
fired a gunshot with intention to kill the complainant is false. Learned counsel for the appellant has submitted that there is no injury of firearm or of any kind of weapons on the complainant. It is also submitted that charge-sheet has been filed.
Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.
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 24.4.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur in Criminal Misc. Case No.93/2019 is set aside. It is directed that appellant – Sikandar S/o Mushtaq Ali shall be released on bail in connection with FIR No.204/2019 of Police Station Pratap Nagar, Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
110-Babulal/-
1 issue framed by the court
Whether the bail application filed on behalf of the appellant under Section 14A(2) of the SC/ST Act should be allowed.
1 provisions across 1 enactments
Sikandar S/o Mushtaq Ali
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
