Special Crl. Appeal filed against rejection of bail under SC/ST Act. Court held injuries non-grievous, trial prolonged. Bail allowed with bond and sureties, setting aside impugned order.
Appellant released on bail by furnishing personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each; impugned order set aside.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 85/2022
Naresh S/o Sh. Sohan Lal, Aged About 21 Years, Parsuram Bagechi Jhupa Sadri Teh. Desuri Dist. Pali, Rajasthan.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Ripudaman Singh For Respondent(s) : Mr. A.R. Choudhary, P.P. Mr. Rajender Soni, complainant
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
16/02/2022
The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.116/2021, Police Station Sadri, District Pali for the offences under Sections 308, 365, 394 and 323 of I.P.C. and Sections 3(1)(R)(S), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 03.12.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Heard learned counsel for the parties and perused the material available on record.
(2 of 3)
[CRLAS-85/2022]
Learned counsel for the appellant stated that none of the injuries are found to be grievous in nature and on vital part of the body of injured; that benefit of bail has been granted to coaccused - Bhavesh by this Court vide order dated 18.09.2021; that charge-sheet has been filed in the matter; further trial will take long time. With these submissions, learned counsel for the appellant prayed that benefit of bail may be granted to the appellant.
Learned Public Prosecutor as well as learned counsel for the complainant have opposed the appeal for bail and stated that injuries are attributed to the accused-appellant but not controverted this fact that none of the injuries are found to be grievous in nature and on vital part of the body of the injured.
Having regard to the entirety of facts and circumstances of the case and particularly the fact that none of the injures are found to be grievous in nature and on vital part of the body of the injured; trial will take long time, this Court is of the opinion that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 03.12.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Pali is set aside. It is ordered that the accused-appellant, Naresh S/o Sh. Sohan Lal, arrested in connection with F.I.R. No.116/2021, Police Station Sadri, District Pali shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees:
(3 of 3)
[CRLAS-85/2022]
Twenty Five Thousand Only) 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.
(DEVENDRA KACHHAWAHA),J
122-Bharti/-
3 issues framed by the court
Whether the appellant deserves bail given that injuries are not grievous and trial will take long time.
Whether the impugned bail rejection order should be set aside.
Whether the appellant should be released on personal bond and sureties.
2 provisions across 2 enactments
Naresh S/o Sh. Sohan Lal
State Of Rajasthan
Virmaram S/o Sh. Lacha Ji Meghwal
DEVENDRA KACHHAWAHA
As recorded by the court registry
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