High Court allowed criminal appeal under Section 14-A(2) of SC/ST Act, setting aside the trial court's rejection of bail. Appellant was directed to be released on bail upon executing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each pending trial.
Appellant released on bail on personal bond of Rs.50,000 with two sureties of Rs.25,000 each pending trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 954/2019
Smt Sangeeta W/o Lt. Badri Ram, Aged About 34 Years, By Caste Nayak, R/o Kharibhali, Giri Police Station Sendra Teh. Jaitaran Dist. Pali. (At Present Lodged In Dist. Jail, Pali)
----Appellant
Versus
State, Through PP
----Respondent
For Appellant(s) For Respondent(s)
: Mr. Vinod Kumar Sharma : Mr. Shrawan Bishnoi, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI Order 06/09/2019
This criminal appeal under Section 14-A(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 appellant being aggrieved with order dated 03.05.2019, passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali (hereinafter to be referred as ‘trial court’) in Criminal Misc. (Bail) Case No.229/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.
Appellant has been arrested in connection with FIR No.17/2018 of Police Station Sendra, Distt. Pali for the offences punishable under Sections 302, 201 & 120B IPC and Sections 3(2) (x) of the SC/ST Act.
Learned counsel for the appellant submits that appellant has falsely been implicated in this case. It is argued that police has concluded that the appellant and other co-accused have murdered her husband because she had illicit relationship with co-accused Nema Ram. Learned counsel has submitted that police has failed to collect definite and conclusive evidence to connect the appellant
(2 of 2)
[CRLAS-954/2019]
with commission of crime. It is also argued that only on the basis of call details between the appellant and co-accused Nema Ram, it cannot be said that she is participant in the crime. Learned counsel has also stated that charge-sheet has already been filed and trial is likely to take considerable time, therefore, appellant may be enlarged on bail.
Learned Public Prosecutor has opposed the prayer made on behalf of 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 merits of the case, I deem it just and proper to allow the appeal filed by 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 order dated 03.05.2019, passed by the trial court in Criminal Misc. (Bail) Case No.229/2019 is set aside. It is directed that appellant – Smt Sangeeta W/o Lt. Badri Ram, shall be released on bail in connection with FIR No.17/2018 of Police Station Sendra, Distt. Pali provided she executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for her 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
145/-T.Singh
1 issue framed by the court
Whether the appellant should be granted bail in a case involving offences under IPC Sections 302, 201 and 120B read with Section 3(2)(x) of the SC/ST Act.
1 provisions across 1 enactments
Smt Sangeeta W/o Lt. Badri Ram
State
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
