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2021 Supreme(Raj) 479

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Mohammed Sharif - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 140 of 2021
Decided on : 06-04-2021

Advocates appeared:
Mohsin Khan, Advocate, Mohd Javed Gouri, Advocate, Om Singh Chouhan, Advocate

The court's decision was based on the interpretation of Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 and the consideration of the appellant's role and the circumstances of the case.

Headnote:

Bail - SC/ST (Prevention of Atrocities) Act - The court allowed the bail appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015, setting aside the previous order and granting bail to the accused-appellant.

Fact of the Case:

The appellant filed an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015, challenging the order rejecting his bail application in connection with FIR No.360/2020.

Finding of the Court:

The court, considering the role of the appellant and the circumstances of the case, allowed the appeal and ordered the release of the accused-appellant on bail upon furnishing specified bonds.

Issues: The main issue was the appellant's eligibility for bail under the SC/ST (Prevention of Atrocities) Act, given the charges against him.

Ratio Decidendi: The court's decision was influenced by the similar treatment of co-accused, the role assigned to the appellant, and the overall facts and circumstances of the case.

Final Decision: The appeal was allowed, the previous order was set aside, and the accused-appellant was granted bail upon fulfilling the specified bond requirements.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel representing the complainant and perused the challan papers.

2. This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 19.11.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali in Criminal Misc. Bail Application No.676/2020 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.360/2020, Police Station Kotwali, District Pali, for offences under Sections 341, 323, 325 & 307/34 of the IPC and under Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

3. The bail appeals of the co-accused Shahrukh and Sonu have been accepted by this Court vide order dated 29.01.2021. The role assigned to the appellant is almost on the similar footing. Thus, having regard to the overall facts and circumstances of the case, this Court is of the opinion that the appellant too deserves indulgence of bail in this case.

4. Consequently, the appeal is allowed. The order dated 19.11.2020 is set aside and it is ordered that the accusedappellant Mohammed Sharif S/o Shri Abdul Shakur arrested in connection with FIR No.360/2020 Police Station Kotwali, District Pali shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.

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