Appeal against bail rejection in SC/ST Atrocities case allowed. Court set aside impugned order and released appellants on bond with sureties, finding bail rejection unsustainable.
Impugned order set aside and appellants released on bail on furnishing 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.
[2023:RJ-JD:33676]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal (Sb) No. 1894/2023
----Appellants
----Respondents
For Appellant(s) : Mr. Vijay Bishnoi For Respondent(s) : Mr. Arun Kumar, PP Mr. Jitendra Choudhary for complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/10/2023
The instant appeal has been filed under Section 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.112/2023 registered at Police Station Sadar, District Nagaur for the offences punishable under Sections 143, 323, 307, 325 & 354 of the IPC and Sections 3(1)(r)(s)(w) & 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 28.08.2023 passed by the learned Special Judge (SC/ST Cases) Merta, District Nagaur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.
[2023:RJ-JD:33676]
[CRLAS-1894/2023]
(2 of 3)
Learned counsel for the appellants submits that grievous injury is caused on the non-vital parts of the body of the injured and injured has already been discharged from the hospital. No investigation is pending against the appellants. The appellants are in judicial custody the trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellants. The learned court below has grossly erred in law and facts as well in declining to release the appellants on bail.
Learned Public Prosecutor and counsel for the complainant have vehemently opposed the prayer for bail.
Heard learned counsel for the parties and also perused the material available on record.
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 appellants, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 28.08.2023 passed by the learned Special Judge (SC/ ST Cases) Merta, District Nagaur, is set aside. It is ordered that the accused-appellants, (1) Kishan S/o Shri Bhanwar Lal and (2) Islamudeen S/o Shuleman, both arrested in connection with F.I.R. No.112/2023 registered at Police Station Sadar, District Nagaur shall be released on bail; provided each of them 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
(3 of 3) [CRLAS-1894/2023]
[2023:RJ-JD:33676]
stipulation to appear before that Court on all dates of hearing and
as and when called upon to do so.
(MANOJ KUMAR GARG),J
658-Rashi/-
2 issues framed by the court
Whether the order rejecting bail application under Section 439 Cr.P.C. in a case under SC/ST (Prevention of Atrocities) Act deserves to be set aside.
Whether accused-appellants should be released on bail pending trial.
2 provisions across 2 enactments
Kishan S/o Shri Bhanwar Lal
Islamudeen S/o Shuleman
State Of Rajasthan
Mahadev S/o Mangilal
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
