High Court allowed S.B. Criminal Appeal rejecting bail refusal by Special Judge. Court observed no evidence against appellant unlike co-accused, granted bail with bonds.
Bail granted with personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each.
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.
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[CRLAS-537/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 537/2022
Shantilal S/o Sh. Prabhuram Ji, Aged About 26 Years, R/o Bhatwada, Sarupganj, P.s. Sarupganj, Teh. Pindwara, Dist. Sirohi (Raj.). (Presently Lodged In Dist. Jail, Sirohi).
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Pradeep Shah For Respondent(s) : Mr. Muktiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
14/09/2022
The instant appeal has been filed under Section 14-A(2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.114/2021, Police Station Abu Road City, Abu Road, District Sirohi for the offences under Sections 302, 279, 364, 120B IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocity) Act against the order dated 05.04.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that from the possession of co-accused Rakesh Singh, one Alto car was recovered, whereas no recovery was made from the possession of the present appellant Shantilal. Counsel submits that though the present appellant had given information to the Police under Section 27 of the Evidence Act regarding the hammer used in murder, but the same was not recovered. Counsel further submits that similarly situated co-accused Vijay Agarwal has already been enlarged on
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[CRLAS-537/2022]
bail by this Court and challan of the case has already been presented and now no investigation is pending. The accusedappellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor has vehemently opposed 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 including the facts that similarly situated coaccused Vijay Agarwal has already been enlarged on bail and there is no other connecting evidence against the present appellant, 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 05.04.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi is set aside. It is ordered that the accused-appellant Shantilal S/o Sh. Prabhuram Ji arrested in connection with FIR No.114/2021, Police Station Abu Road City, Abu Road, District Sirohi 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
103-MS/-
2 issues framed by the court
Whether the High Court can set aside the rejection of bail by the Special Judge under Section 14-A(2) of SC/ST (PA) Act.
Whether bail should be granted to the appellant considering lack of physical evidence against him and release of similarly situated co-accused.
2 provisions across 2 enactments
Shantilal S/o Sh. Prabhuram Ji
State Of Rajasthan
Praveen Kumar S/o Sh. Devaram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
