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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rameshwar Vyas, J.
Mohammad Sareen – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 94 of 2022
Decided On : 18-02-2022
SC/ST Act - Bail Application - The court allowed the appeal filed by the appellant under Section 14-a(2) of SC/ST act, setting aside the trial court's order and directing the release of the appellant on bail.
Fact of the Case:
The appellant was arrested for offenses under IPC and SC/ST act. The injuries sustained by the injured were found simple in nature, and the charge-sheet had been filed. The appellant had been behind bars for more than four months.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to allow the appeal and set aside the trial court's order, directing the release of the appellant on bail.
Issues: The main issue was the appellant's bail application under Section 14-a(2) of SC/ST act.
Ratio Decidendi: The court considered the nature of the injuries sustained, the duration of the appellant's detention, and the filing of the charge-sheet in allowing the appeal and granting bail.
Final Decision: The criminal appeal filed under Section 14-a(2) of SC/ST act was allowed, and the trial court's order was set aside, directing the release of the appellant on bail.
JUDGMENT
Rameshwar Vyas, J. - Notice upon the complainant has been served. as per report of the learned Public Prosecutor, nobody appears on behalf of the complainant.
2. This criminal appeal under Section 14-a(2) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 (hereinafter to be referred as 'the SC/ST act') has been filed on behalf of the appellant being aggrieved with the order dated 13.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Rajsamand (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.04/2022 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.
3. The appellant has been arrested in FIR No.201/2021 of Police Station Kelwara, District Rajsamand for the offences punishable under Sections 307, 394, 341, 323, 324 and 120-B of IPC and under Sections 3(2)(v)(va) of SC/ST act.
4. Learned counsel for the appellant submits that co-accused person Bhagwat Singh has already been enlarged on bail by Co-ordinate Bench of this Court in S.B. Criminal appeal No.1080/2021 on 07.12.2021. It is submitted that appellant has not been named in the FIR and statements of the injured. The injuries sustained by the injured Kishan Lal by sharp weapon is found simple in nature and the case under Section 307 IPC is not made out; allegation of robbery is also false. It is also submitted that challan has already been filed; the petitioner is behind the bar since 27.10.02021 and trial of the case is likely to take time
5. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.
6. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.
7. From the perusal of the record, it reveals that the injuries sustained by injured Kishan Lal was found simple in nature; petitioner is behind the bar for last more than four months and charge-sheet has been filed.
8. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-a(2) of SC/ST act.
9. accordingly, this criminal appeal filed under Section 14-a(2) of SC/ST act is allowed and the order dated 13.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Rajsamand in Criminal Misc. (Bail) Case No.04/2022 is set aside. It is directed that appellant -Mohammad Sareen S/o Mohammad Farukh Qureshi shall be released on bail in connection with FIR No.201/2021 of Police Station Kelwara, District Rajsamand provided he executes a personal bond in the sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail based on the circumstances of the case.
The court's decision was based on the interpretation of Section 14-A(2) of the SC/ST Act, considering the totality of the facts and circumstances of the case.
The court's decision was based on the interpretation of Section 14-A of the SC/ST Act in allowing the appeal and granting bail to the appellant.
The court has the discretion to allow bail under Section 14-A of the SC/ST Act based on the totality of the facts and circumstances of the case.
The court may grant bail to an appellant under the SC/ST (Prevention of atrocities) act based on the circumstances and the bail granted to similarly situated co-accused, without expressing any opinio....
The court granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
The court's decision to grant bail was influenced by the fact that star witnesses had turned hostile, without expressing any opinion on the merits of the case.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail.
The court established that the lack of corroborative evidence and inconsistencies in testimony are critical factors in determining bail under the SC/ST Act.
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