MANOJ KUMAR GARG
Kishore Kumar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Both the appeals have been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellants, who are in custody in connection with FIR No.78/2022, Police Station Jaisalmer Kotwali, Distt. Jaisalmer for the offences under Sections 341, 323, 143, 395 of IPC and Section 3(2)(v) of SC/ST act, against the order dated 21.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jaisalmer in Criminal Misc. Bail application No.85/2022 whereby, the bail application preferred on behalf of the appellants under Section 439 Cr.P.C. was rejected.
2. Learned counsel for the appellants submits that similarly situated co-accused Swaroopram has already been granted bail by coordinate Bench of this Court and the case of the present appellants is not distinguishable from that of the co-accused. The appellants are in judicial custody and trial of the case will take a sufficient long time. In these circumstances, the appellants may be released on bail.
3. Learned Public Prosecutor has opposed the prayer for bail.
4. Having regard to the entirety of facts and circumstances of the case and
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court has the discretion to set aside the rejection of a bail application if it deems that the circumstances warrant the release of the accused on bail.
The main legal point established in the judgment is that the rejection of bail applications under the SC/ST Act and IPC offenses should be based on specific allegations and the severity of injuries.
The court's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
The court's decision was influenced by the interpretation of the bail provisions under the SC/ST Act and the consideration of the circumstances and arguments presented.
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court has the discretion to set aside the rejection of a bail application after considering the facts and circumstances of the case.
The main legal point established in the judgment is the court's authority to set aside the rejection of a bail application under Section 439 Cr.P.C. and grant bail to the appellant under the SC/ST Ac....
The court has the discretion to set aside the rejection of a bail application if it deems that the order cannot be sustained based on the facts and circumstances of the case.
The court's decision was influenced by the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, particularly in relation to the grant of bail to the accused-app....
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