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MANOJ KUMAR GARG
Bheema Ram – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and learned counsel for the complainant. 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.29/2022, Police Station Sadar Pali for the offences under Sections 306, 384, 341, 323/34 of IPC and Sections 3(2)(r)(s), 3(2)(Va) of SC/ST act, against the order dated 16.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Pali in Criminal Misc. Bail application No.338/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected. Learned counsel for the appellant submits that there is no evidence against the appellant regarding abetment to commit suicide. Challan of the case has already been presented and no investigation is pending. The appellant is in judicial custody and the trial of the case will take sufficient long time. Therefore, the appellant may be released on bail.
3. Learned Public Prosecutor as
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 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, and the legal principle that the rejection of the bail applicati....
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
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 based on the circumstances of the case, including the nature of the offenses and the stage of the trial.
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 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's decision was influenced by the provisions of Section 14-A(1) of SC/ST (PA) Act, which allowed for the grant of bail to the accused-appellant.
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