HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Deepak – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 459 of 2022
Decided On : 06-05-2022
Bail - Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act - The court set aside the order rejecting the bail application and granted bail to the accused-appellant.
Fact of the Case:
The appellant filed an appeal under Section 14a(2) of Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act against the rejection of his bail application in connection with FIR No.82/2022 Police Station arnod, Pratapgarh for the offences under Sections 341, 323, 506 of IPC and under Section 3(2)(Va) of SC/ST act.
Finding of the Court:
The court, upon consideration of the arguments, found that the order rejecting the bail application cannot be sustained and deserves to be set aside. Consequently, the court allowed the appeal and ordered the release of the accused-appellant on bail.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant and the plea for granting bail due to the appellant's claim of innocence and the anticipated lengthy trial.
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 accused-appellant.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused-appellant on bail upon fulfilling certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor. Perused the material available on record.
2. The instant appeal has been filed under Section 14a(2) of Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.82/2022 Police Station arnod, Pratapgarh for the offences under Sections 341, 323, 506 of IPC and under Section 3(2)(Va) of SC/ST act, against the order dated 22.04.2022 passed by Learned Special Judge (SC/ST) (Prevention of atrocities Cases), Pratapgarh whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
3. Learned counsel for the appellant submits that the appellant has not committed the offences as alleged against him and he is innocent. The appellant is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-appellant.
4. Learned Public Prosecutor has opposed the prayer for bail. 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 22.04.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Pratapgarh is set aside. It is ordered that the accused appellant Deepak S/o Shri Shivlal, shall be released on bail in FIR No.82/2022 Police Station arnod, Pratapgarh 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'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 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 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'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 set aside the rejection of a bail application if it deems that the circumstances warrant the release of the accused on bail.
The court considered the false implication of the appellant and the existence of a compromise as key factors in setting aside the order rejecting the bail application and ordering the release of the ....
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 grant bail based on the circumstances of the case, including the nature of the offenses and the stage of the trial.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.