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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Hadman Ram – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 262 of 2022
Decided On : 05-05-2022
Bail - SC/ST (Prevention of atrocity) act - The court set aside the order rejecting the bail application and granted bail to the accused-appellant based on the consideration of the entirety of facts and circumstances available on record.
Fact of the Case:
The appellant filed an appeal under Section 14a(2) of SC/ST (Prevention of atrocity) act against the rejection of his bail application in connection with FIR No.63/2022, Police Station Pipar City, District Jodhpur for various offenses.
Finding of the Court:
The court, after considering the arguments and material available on record, set aside the order rejecting the bail application and granted bail to the accused-appellant.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant, who was in custody in connection with the mentioned FIR.
Ratio Decidendi: The court's decision was influenced by the consideration of the entirety of facts and circumstances available on record, leading to the conclusion that the order rejecting the bail application cannot be sustained.
Final Decision: The instant appeal was allowed, and the impugned order rejecting the bail application was set aside. The accused-appellant was ordered to be released on bail upon furnishing the specified bonds.
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellant and the learned Public Prosecutor as well as counsel for the complainant and perused the material available on record.
2. The instant appeal has been filed under Section 14a(2) of SC/ST (Prevention of atrocity) act on behalf of the appellant, who is in custody in connection with FIR No.63/2022, Police Station Pipar City, District Jodhpur for the offences under Sections 341, 323, 365, 354, 376/511 IPC and Section 3(1)(w)(i) and 3(2)(Va) of Scheduled Caste/Scheduled Tribe (Prevention of atrocities) act against the order dated 14.03.2022 passed by learned Special Judge SC/ST (Prevention of atrocity Cases), Jodhpur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
3. It has been submitted on behalf of the appellant that now the challan has already been filed and the appellant is behind the bars since 04.03.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
4. Learned Public Prosecutor and counsel for the complainant have opposed the prayer for bail.
5. Having regard to the entirety of facts and circumstances as available on record 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.
6. Consequently, the instant appeal is allowed. The impugned order dated 14.03.2022 passed by learned Special Judge SC/ST (Prevention of atrocity Cases) Jodhpur is set aside. It is ordered that the accused-appellant Hadman Ram S/o Shri Bhikha Ram arrested in connection with FIR No.63/2022, Police Station Pipar City, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- 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 to grant bail to the accused-appellant was based on the consideration of the entirety of facts and circumstances available on record.
The court considered the contradictions in the statements of the prosecutrix and the anticipated lengthy trial period as grounds for granting bail to the accused-appellant.
The court has the discretion to grant bail after considering the facts and circumstances of the case.
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
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 court established that bail applications under the SC/ST Act must be evaluated with careful consideration of all relevant facts, including compromises and the treatment of co-accused.
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 considered the compromise between the parties and the lengthy trial process as grounds for setting aside the order and granting bail to the accused-appellant.
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 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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