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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Dalpat Singh – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 430 of 2022
Decided On : 09-05-2022
Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act - Bail Application - The court set aside the order rejecting the bail application and granted bail to the accused based on the circumstances of the case.
Fact of the Case:
The appellant filed a bail application under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, as he was in custody for various offenses.
Finding of the Court:
The court considered the arguments and circumstances of the case and concluded that the order rejecting the bail application cannot be sustained. The court allowed the appeal and set aside the impugned order, granting bail to the accused.
Issues: The main issue was whether the appellant should be granted bail considering the nature of the offenses and the circumstances of the case.
Ratio Decidendi: The court's decision was influenced by the fact that the challan of the case had already been presented, no investigation was pending, and the grievous injury received by the injured was on a non-vital part of the body. The court also considered the appellant's judicial custody and the expected duration of the trial.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused 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 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 C.R. No.53/2022, Police Station Rani, Distt. Pali for the offences under Sections 341, 323, 307, 427, 336 of IPC and Section 3(1)(R), 3(1)(S), 3(2)(V), 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.339/2022.
3. Earlier, the criminal appeal preferred by the appellant was dismissed as not pressed vide order dt. 08.04.2022 with liberty to file a fresh bail application before the trial court. The second bail application preferred by the appellant before the trial court under Section 439 Cr.P.C. has been dismissed by the impugned order 16.04.2022.
4. Learned counsel for the appellant submits that challan of the case has already been presented and no investigation is pending. The grievous injury received by the injured is on the non-vital part of the body. 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.
5. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for bail.
6. 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.
7. 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 Dalpat Singh S/o Shri Heer Singh shall be released on bail in C.R. No.53/2022, Police Station Rani, Distt. 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 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 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 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 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'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....
The court's decision was influenced by the consideration of the compromise between the parties and the absence of pending investigation in the case.
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.
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