The principle of maintaining parity with similarly situated co-accused in the grant of bail under the SC/ST (Prevention of Atrocities) Act.

JUDGMENT

Sanjeev Prakash Sharma, J. - Heard learned counsel for the appellant and learned Public Prosecutor.

2. These criminal appeals under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.62/2020 registered at Police Station Sangad, District Jaisalmer for the offence under Sections 147, 148, 341, 323, 354, 355, 455, 307/149 IPC and Sections 3(1) (g) (r) (s), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

3. Onkar Singh Vs State, Criminal Appeal No.534/2021.

4. Learned counsel for the appellant submits that co-accused Bhoor Singh, Avtar Singh, Nepal Singh and Mangu Singh had filed Criminal Appeal No.523/2021 and have already been granted bail by this Court vide order dated 24.06.2021 and the case of the appellant is identical to that of other co-accused.

5. Learned Public Prosecutor opposed this appeal.

6. Taking into consideration the above and maintaining parity with the aforesaid persons who are similarly situated, the appellant Onkar Singh also is entitled to be released. The order dated 15.06.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jaisalmer in Cr. Case No.267/2021 is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused-appellant namely, Onkar Singh s/o Babu Singh Rajput shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) 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 and when called upon to do so.

7. Suresh Kumar Vs State, Criminal Appeal No.566/2021.

8. The Criminal Appeal No.566/2021 has been tagged with the Criminal Appeal No.534/2021 (Onkar Singh Vs State), wherein the service is complete but no one has put in appearance on behalf of the complainant Hakma Ram. Thus, the service on complainant Hakma Ram in the Criminal Appeal No.566/2021 (Suresh Kumar Vs State) is also treated complete.

9. Looking to the allegations against the appellant Suresh Kumar, which are identical and the Criminal Appeals filed by similarly placed persons has been allowed, I am inclined to accept the Criminal Appeal of the appellant Suresh Kumar also.

10. The order dated 29.06.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jaisalmer in Cr. Case No.275/2021 is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused-appellant namely, Suresh Kumar s/o Lal Chand shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) 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 and when called upon to do so.