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2022 Supreme(Raj) 2167
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Ramniwas @ Rama & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Appeal No. 83, 84 of 2022
Decided On : 09-03-2022
Important Points
Subject
Criminal Law - Bail and Pretrial Release
Act Referred
INDIAN PENAL CODE : S.143, S.307, S.323, S.341, S.392
SCHEDULED CASTES AND THE SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : S.14(a)(2), S.3(2)(va)
Headnote
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 under the condition of furnishing a personal bond and sureties.
Fact of the Case:
The appellant filed an appeal under Section 14 (a) (2) SC/ST (Prevention of atrocities) act against the rejection of the bail application. The appellant was in judicial custody in connection with multiple offenses.
Finding of the Court:
The court, after considering the arguments, found that the appellant deserved to be enlarged on bail, and consequently allowed the appeal, setting aside the impugned order and ordering the release of the accused-appellant on bail.
Issues: The issues involved the rejection of the bail application and the appellant's eligibility for bail considering the circumstances and the multiple cases registered against the appellant.
Ratio Decidendi: The court's decision was influenced by the entirety of facts and circumstances available on record, and the consideration of the arguments advanced by the appellant's counsel, the Public Prosecutor, and the counsel for the complainant.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused-appellant on bail, subject to the condition of furnishing a personal bond and sureties.
Raghunath Bishnoi, Advocate, S.S. Rajpurohit, Advocate, Avinash Godara, Advocate, Suresh Kumbhat, Advocate
JUDGMENT
Devendra Kachhawaha, J. - In S.B. Criminal appeal No. 83/2022:-
1. The instant appeal has been filed under Section 14 (a) (2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in judicial custody in connection with F.I.R. No.108/2021, Police Station abu Parvat, District Sirohi, registered for the offences punishable under Sections 143, 341, 323, 392 and 307 of the Indian Penal Code and Section 3(2)(Va) of the SC/ST (Prevention of atrocities) act against the order dated 10.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) act Cases, Sirohi, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
3. Learned counsel for the appellant stated that none of the injuries is declared as dangerous to life; appellant is behind the bars since 28.12.2021; charge-sheet has filed; and the trial will take time. With these submissions, learned counsel for the appellants prayed that the benefit of bail may be granted to the appellants.
4. Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant has fervently and vehemently opposed the appeal and stated that three other cases have been registered against the accused-appellant.
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 10.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) act Cases, Sirohi, is set aside. It is ordered that the accused-appellant - Ramniwas @ Rama S/o Jagdish Ji, arrested in connection with F.I.R. No.108/2021,
7. Police Station abu Parvat, District Sirohi, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
In S.B. Criminal appeal (Sb) No. 84/2022:-
8. Learned counsel for the petitioner does not want to press the present criminal appeal but seeks liberty for the appellant to file a fresh criminal appeal after recording the statements of injured witness and Doctor, with a request to issue direction to the learned trial Court to record the statements on priority.
9. accordingly, the present criminal appeal moved under Section 14-a(2) of SC/ST (Prevention of atrocities act) on behalf of the accused-appellant, Rakesh @ Boby S/o Devendra Kumar, stands dismissed as not pressed with liberty as prayed for.
10. as requested in the circumstances of the case, learned trial Court is directed to record the statements of injured witness and Doctor on priority basis.
