An appeal against the rejection of a bail application filed under the SC/ST (Prevention of Atrocities) Act and CrPC. The High Court of Rajasthan set aside the impugned order and granted bail to the appellant.
Released on bail with a personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 546/2022
Mohan Lal S/o Bhima Regar, Aged About 67 Years, B/c Regar, R/o Vill. Padawas, P.s. Begun, Teh. Begun Dist. Chittorgarh. (At Present Lodged In Dist. Jail, Chittorgarh).
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Ram Prasad Singaria For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/07/2022
The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.216/1990, Police Station Begun, District Chittorgarh, for the offence under Sections 147, 148, 149, 302, 435, 120B IPC and Section 3/25 of Arms Act and Section 3(2)(V) of SC/ST Act against the order dated 20.04.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Chittorgarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that similarly situated coaccused namely Modi Ram, Chunni Lal, Ram Lal & Devi Lal Dhakad have already been enlarged on bail by this Court and the case of the
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[CRLAS-546/2022]
present appellant is similar to those of the co-accused. Challan of the case has already been presented and no investigation is pending. The accused-appellant is in judicial custody since long and the trial of the case will take sufficient long time to be concluded. Counsel further submits that the learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor vehemently 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 20.04.2022 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Chittorgarh is set aside. It is ordered that the accused-appellant Mohan Lal S/o Bhima Regar, arrested in connection with FIR No.216/1990, Police Station Begun, District Chittorgarh, 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
138-MS/-
3 issues framed by the court
Whether bail should be granted to an accused-appellant facing serious offences under IPC and SC/ST Act who has similar co-accused on bail.
Whether the order rejecting bail under Section 439 Cr.P.C. can be sustained given the facts and circumstances of the case.
.
4 provisions across 3 enactments
Mohan Lal S/o Bhima Regar
State Of Rajasthan
Bhanwar Lal Sandhya
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
