The main legal point established in the judgment is the court's discretion to grant bail after considering the entirety of facts and circumstances, despite the appellant being declared absconder and facing standing arrest warrant.

JUDGMENT

Devendra Kachhawaha, J. - The instant appeal has been filed under Section 14 (A) (2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I..R. No.92/2008, Police Station Shivpura, District Pali, registered for the offences under Sections 447 and 427/34 of the Indian Penal Code and Section 3(1)(5) of the SC/ST (Prevention of Atrocities) Act against the order dated 20.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the appellant stated that counsel appearing on behalf of the accused before learned tiral Court was expired and the appellant has no information in this regard, therefore, the appellant could not appear before the learned trial Court on the give date and thereafter remained absent, as a result of which the appellant has been declared absconder and his bail bonds were forfeited and standing arrest warrant has been issued against him by the learned trial Court; the appellant is behind the bars since 19.07.2021; and the trial will take time. With these submissions, learned counsel for the appellants prayed that the benefit of bail may be granted to the appellants.

4. Per contra, learned Public Prosecutor has opposed the appeal and stated that the accused-appellant has been absconded since 2011.

5. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellants deserves to be enlarged on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 20.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali, is set aside. It is ordered that the accused-appellant Hanumanram S/o Sh. Madaram arrested in connection with F.I..R. No.92/2008, Police Station Shivpura, District Pali, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.