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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Lalit Sankhla – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 101 of 2022
Decided On : 15-02-2022
Bail - SC/ST (Prevention of atrocities) act - The court allowed the appeal and set aside the order rejecting the bail application, granting bail to the accused-appellant.
Fact of the Case:
The appellant filed an appeal under Section 14a(2) SC/ST (Prevention of atrocities) act against the rejection of his bail application in connection with FIR No.300/2021, Police Station Soorsagar, Jodhpur for various offenses.
Finding of the Court:
The court, after considering the arguments and the entirety of facts and circumstances, concluded that the appellant deserved to be enlarged on bail.
Issues: The main issue was the rejection of the bail application under Section 439 Cr.P.C. on behalf of the appellant.
Ratio Decidendi: The court's decision was influenced by the trivial nature of the incident, the non-vital injuries suffered by the victim, and the appellant's prolonged incarceration.
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
Vinit Kumar Mathur, J. - The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.300/2021, Police Station Soorsagar , Jodhpur for the offences under Sections 143, 323, 452, 308 of IPC and Section 3(1)(r)(s), 3(2)(Va) of the SC/ST (Prevention of atrocities) act against the order dated 25.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Heard. Perused the material available on record.
3. It is submitted by learned counsel for the appellant that the incident occurred on a trivial issue. The injuries suffered by Bhakar Ram are on non vital parts. The appellant is suffering the incarceration for last more than one month.
4. Learned Public Prosecutor and learned counsel for the complainant vehemently oppose the bail.
5. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.
6. Consequently, the instant appeal is allowed. The impugned order dated 25.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Lalit Sankhla S/o Sh. Jhumar Ram Mali arrested in connection with FIR No.300/2021, Police Station Soorsagar , Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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 based on the consideration of the trivial nature of the incident, the extent of the victim's injuries, and the appellant's period of incarceration in granting bail.
The court considered the nature of the injuries and the circumstances of the incident in granting bail to the appellant.
The court considered the nature of the injuries sustained by the victim and the awareness of the counsel regarding the filing of the charge sheet as crucial factors in granting bail to the accused.
The interpretation of evidence and circumstances, including the relationship between the appellant and the prosecutrix, played a crucial role in the Court's decision to grant bail.
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 consideration of the co-accused's bail, charge-sheet filing, and trial duration influenced the court's decision in granting bail to the accused-appellant.
The court's decision was based on the interpretation of the relevant legal provisions under the SC/ST (Prevention of atrocities) act and the application of the judgment of the Supreme Court in a simi....
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the circumstances indicate that the accused may not pose a flight risk and the trial may take consid....
The court has the discretion to grant bail after considering the entirety of facts and circumstances, and the arguments presented.
The court ruled that prolonged detention without trial is unjustified, especially when co-accused granted bail under similar circumstances.
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