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2021 Supreme(Raj) 442
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Shiva Ram - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 128 of 2021
Decided on : 23-03-2021
Important Points
Subject
Criminal Law - Bail and Pretrial Release
Act Referred
INDIAN PENAL CODE : S.354, S.458
SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : S.14(a)(2), S.3(1)(w), S.3(1)(w)(i), S.3(2)(v)
Headnote
Bail - SC/ST (Prevention of Atrocities) Act - The court allowed the appeal and set aside the order rejecting the bail application, granting bail to the accused-appellant.
Fact of the Case:
The appellant filed an appeal under Section 14A(2) SC/ST (PA) Act against the rejection of his bail application in connection with F.I.R. No.271/2020, Police Station Shergarh, District Jodhpur for offenses under Sections 458, 354 IPC and Section 3(1)(WI), 3(2)(V) of the SC/ST (Prevention of Atrocities) Act.
Finding of the Court:
The court, after considering the facts and circumstances, opined that the appellant deserves bail and set aside the order rejecting the bail application, granting bail to the accused-appellant.
Issues: The issue was whether the appellant should be granted bail in connection with the offenses under the SC/ST (Prevention of Atrocities) Act.
Ratio Decidendi: The court found that the appellant deserves bail based on the entirety of facts and circumstances available on record.
Final Decision: The appeal was allowed, and the order rejecting the bail application was set aside, granting bail to the accused-appellant.
Gokulesh Bohra, Advocate, S.S. Rajpurohit, Advocate
JUDGMENT
Sandeep Mehta, J. - Learned Public Prosecutor has placed on record the report regarding the service of notice of appeal upon respondent No.2. No one has appeared on her behalf despite service.
2. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
3. The instant appeal has been filed under Section 14A(2) SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.271/2020, Police Station Shergarh, District Jodhpur for the offences under Sections 458, 354 IPC and Section 3(1)(WI), 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 14.01.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
4. 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 appellant deserves indulgence of bail. Hence, the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
5. Consequently, the instant appeal is allowed. The impugned order dated 14.01.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant, Shiva Ram S/o Luna Ram arrested in connection with F.I.R. No.271/2020, Police Station Shergarh, District Jodhpur, shall be released on bail; provided he furnishes a 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.
