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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Mohammed Tabrej Gouri – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 417 of 2022
Decided On : 13-05-2022
Bail - SC/ST Act - The court set aside the order rejecting the bail application under Section 439 Cr.P.C. and allowed the appeal, granting bail to the accused appellant.
Fact of the Case:
The appellant filed an appeal under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act against the rejection of his bail application in connection with FIR No.656/2021.
Finding of the Court:
The court, upon considering the arguments, found that the order rejecting the bail application cannot be sustained and deserves to be set aside, thus allowing the appeal and granting bail to the appellant.
Issues: The main issue was the rejection of the bail application under Section 439 Cr.P.C. in connection with the SC/ST Act.
Ratio Decidendi: The court considered the entirety of facts and circumstances of the case and concluded that the order rejecting the bail application cannot be sustained, leading to the decision to set it aside and grant bail to the appellant.
Final Decision: The instant appeal was allowed, and the impugned order rejecting the bail application was set aside, with the accused appellant being ordered to be released on bail upon fulfilling certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and perused the material available on record.
2. The instant appeal has been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.656/2021, Police Station Nimbahera, Distt.
3. Chittorgarh for the offences under Sections 147, 323, 341, 308, 327, 386, 120-B of IPC and Section 3(2)(Va) of SC/ST act, against the order dated 04.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Chittorgarh in
4. Criminal Misc. Bail application No.46/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
5. Learned counsel for the appellant submits that similarly situated co-accused Sarfraj @ Murad, Danish, Salman and Tohid have already been granted bail by coordinate Bench of this Court and the case of the present appellant is not distinguishable from those of the co-accused. The appellant is in judicial custody and trial of the case will take a sufficient long time. In these circumstances, the appellant may be released on bail.
6. Learned Public Prosecutor has opposed the prayer for bail.
7. Having regard to the entirety of facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
8. Consequently, the instant appeal is allowed. The impugned order dated 04.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Chittorgarh is set aside. It is ordered that the accused appellant Mohammed Tabrej Gouri @ Chotu Khan S/o aala Mohammed Gouri shall be released on bail in FIR No.656/2021, Police Station Nimbahera, Distt. Chittorgarh provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.
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 circumstances warrant the release of the accused on bail.
The court has the discretion to set aside the rejection of a bail application if it deems the order cannot be sustained based on the 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 order cannot be sustained based on the facts and circumstances of the case.
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'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 has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court established that the rejection of bail must be justified by substantial reasons, and similar cases should be treated equally under the law.
The court has the discretion to set aside the rejection of a bail application after considering the facts and circumstances of the case.
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
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