High Court set aside impugned bail denial and granted appellant interim bail for four months in an SC/ST Atrocities case. Court noted seven years incarceration and directed trial court to conclude trial expeditiously.
Appellant granted interim bail for four months pending trial with bond of Rs. 1,00,000 and two sureties.
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.
[2024:RJ-JD:18261]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal (Sb) No. 97/2023
Shyam Lal Kamediya S/o Naresh Kamediya @sohan Lal Kamediya, Aged About 45 Years, B/c Jat, Dangawas, Teh. Merta, Dist. Nagaur (At Present Lodged At Sub Jail Merta).
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Shree Kant Verma For Respondent(s) : Mr. Mukesh Rajpurohit, DSG Mr. Vishal Sharma
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/04/2024
The appellant has been arrested in connection with FIR No.168/2015 registered at Police Station Merta, Dist. Nagaur for the offence punishable under Sections 447, 147, 148/149, 323, 354, 427, 324, 325, 326/149, 307/149, 302/149 IPC and Sections 3(1)(v), 3(2)(v) and 3(1)(x) of SC/ST (Prevention of Atrocities) Act.
Learned counsel for the appellant argued that the appellant is behind the bars for almost seven years and although the prosecution witnesses have been examined but the trial is still at the stage of examination of defence witnesses. It is submitted that similarly situated co-accused have already been enlarged on bail and recently one of the co-accused has been granted interim bail
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[CRLAS-97/2023]
(2 of 3)
by the Hon’ble Apex Court for a period of six months during pendency of trial, in the case of Sugna Ram Vs. Union of India & Ors arising out of SLP (Crl.) No. 9540/2023) dated 26.02.2024. Since the trial court is likely to take some more time, therefore, it is prayed that the benefit of bail should be granted to the accused appellant.
Learned Special Public Prosecutor and counsel for the respondent no.2 vehemently opposed the prayer of the appellant and submits that there is no change in circumstance so as to grant benefit of bail to the appellant
Heard learned counsel for the parties and carefully gone through the material on record.
It is not disputed that till date, the appellant has suffered incarceration of almost seven years since his arrest in the case. Learned Public Prosecutor has informed that the prosecution witnesses have been examined and now the trial is at the stage of examination of defence witnesses. Taking into consideration the entire facts and circumstances so also the fact that some of the co-accused and recently one of the co-accused Sugna Ram has been granted benefit of bail pending trial, this Court is of the opinion that the appellant is entitled to benefit of interim bail for a period of four months, during pendency of the trial.
Consequently, the instant appeal is allowed. The impugned order dated 20.12.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta is set aside. It is ordered that the accused-appellant Shyam Lal Kamediya S/o Naresh Kamediya @sohan Lal Kamediya arrested in connection with FIR No. No.168/2015 registered at Police Station Merta, Dist. Nagaur
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(3 of 3)
shall be released on bail for a period of four months from the date of his release; 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.
The trial court is directed to conduct day to day trial and conclude the trial expeditiously, within a period of four months. It will be open to the trial court to extent the interim bail or grant regular bail to the appellant, during pendency of trial, on an application being filed by the appellant.
(MANOJ KUMAR GARG),J
96-GKaviya/-
3 issues framed by the court
Whether the appellant entitled to interim bail after nearly seven years of incarceration pending trial.
Whether the impugned order denying bail should be set aside to grant interim bail.
Whether the trial court must conclude the trial expeditiously to determine the quantum of bail.
Colour shows how this judgement treated each authority
Sugna Ram Vs. Union of India & OrsFollowed¶19
Sugna Ram Vs. Union of India & Ors arising out of SLP (Crl.) No. 9540/2023 dated 26.02.2024
2 provisions across 2 enactments
Shyam Lal Kamediya
Union of India
Arjun Ram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
