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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Bheema Ram – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 422 of 2022
Decided On : 11-05-2022
Bail - Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act - The court set aside the order rejecting the bail application and allowed the appeal, ordering the release of the accused on bail.
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.29/2022, which involved various offenses under IPC and SC/ST act.
Finding of the Court:
The court, after considering the arguments, found that the order rejecting the bail application cannot be sustained and deserves to be set aside. Consequently, the appeal was allowed, and the impugned order was set aside, ordering the release of the accused on bail.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant and the arguments presented by the appellant's counsel and the public prosecutor.
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.
Final Decision: The instant appeal was allowed, and the impugned order was set aside, ordering the release of the accused on bail.
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 well as learned counsel for the complainant have vehemently opposed the prayer for bail.
4. 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.
5. Consequently, the instant appeal is allowed. The impugned order dated 16.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Pali is set aside. It is ordered that the accused appellant Bheema Ram S/o Sh. Bhanwar Lal shall be released on bail in FIR No.No.29/2022, Police Station Sadar Pali, 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 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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