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2021 Supreme(Raj) 643

IN THE HIGH COURT OF RAJASTHAN
Sanjeev Prakash Sharma, J.
Narpatdan - Appellant
Versus
State - Respondent
Criminal Appeal No. 556 of 2021
Decided on : 13-07-2021

Advocates appeared:
Surendra Bagmalani, Advocate, Sudhir Tak, Advocate

The court's decision was influenced by the overall circumstances and allegations in granting bail to the accused under the SC/ST (Prevention of Atrocities) Act.

Headnote:

Bail - SC/ST (Prevention of Atrocities) Act - The court allowed the appeal and directed the release of the accused on bail, considering the overall circumstances and the allegations.

Fact of the Case:

The appellant filed a criminal appeal under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act in connection with FIR No.58/2021 for various offences.

Finding of the Court:

The court quashed the order passed by the Special Judge and allowed the appeal, directing the release of the accused on bail.

Issues: The issue revolved around the appellant's eligibility for bail in connection with the offences under the SC/ST (Prevention of Atrocities) Act.

Ratio Decidendi: The court considered the overall circumstances and allegations to allow the appeal and grant bail to the accused.

Final Decision: The appeal was allowed, and the accused was directed to be released on bail upon furnishing a personal bond and surety.

JUDGMENT

Sanjeev Prakash Sharma, J. - This criminal appeal under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.58/2021 registered at Police Station Sangad, District Jaisalmer for the offence under Sections 341, 323, 354, 447/34 IPC and Sections3(1)(r)(s),3(2)(va) of SC/ST(Prevention of Atrocities) Act.

2. Learned counsel for the appellant submits that co-accused Yogendra and others have been enlarged on bail by this Court and the case of the petitioner can not be distinguished from that of other two co-accused.

3. Learned Public Prosecutor opposed this appeal.

4. Taking into consideration the over all circumstances and the allegations, I am inclined to allow this appeal.

5. The order dated 30.06.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jaisalmer in Cr. Case No.278/2021 is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused-appellant namely, Narpat Dan s/o Mohabat Dan shall be released on bail provided he furnishes a personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as & when called upon to do so.

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