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2022 Supreme(Raj) 2001
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Jaswant @ Jasraj & Ors. – Appellants
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 167, 168 of 2022
Decided On : 04-03-2022
Important Points
Subject
Criminal Law - Bail under SC/ST Act
Act Referred
INDIAN PENAL CODE : S.308, S.323, S.452, S.143
SCHEDULED CASTES AND THE SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : S.14(a)(2), S.3(1)(r), S.3(1)(s), S.3(2)(va)
Headnote
Bail - SC/ST Act - The court set aside the orders rejecting the bail applications and ordered the release of the accused appellants on bail.
Fact of the Case:
The appellants filed bail applications under Section 439 Cr.P.C. in connection with FIR No.300/2021, Police Station Soorsagar, Jodhpur for offenses under IPC and SC/ST Act. The bail applications were rejected by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jodhpur.
Finding of the Court:
The court found that no specific allegation had been leveled against the appellants, and the injuries received by the injured were on non-vital parts of the body. The court concluded that the order rejecting the bail applications could not be sustained and deserved to be set aside.
Issues: The issues involved the rejection of bail applications under the SC/ST Act and IPC offenses, and the arguments presented by the appellants and the public prosecutor.
Ratio Decidendi: The court considered the entirety of facts and circumstances of the case and the arguments advanced at the bar, leading to the decision that the rejection of the bail applications was not justified.
Final Decision: The court allowed the appeals, set aside the impugned orders, and ordered the release of the accused appellants on bail.
R.S.Choudhary, Advocate, Laxman Solanki, Advocate
JUDGMENT
Manoj Kumar Garg, J. - Despite service, no one is present on behalf of the respondent No.2-complainant.
2. Heard learned counsel for the appellant as well as learned learned public prosecutor and perused the material available on record.
3. The instant appeals have been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellants, who are 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 SC/ST act, against the orders dated 28.01.2022 & 20.01.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jodhpur in S.B.Criminal Bail application No.28/2022 & 22/2022 whereby the bail applications preferred on behalf of the appellants under Section 439 Cr.P.C. were rejected.
4. Learned counsel for the appellants submits that no specific allegation has been levelled against the present appellants. The injuries received by the injured are on the non-vital part of the body. It is further stated that co-accused Lalit Sankhla has already been granted bail by coordinate Bench vide order dt. 15.02.2022 in S.B.Criminal appeal No.101/2022 and the case of the present appellants is not distinguishable from that of the co-accused. The learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail.
5. Learned Public Prosecutor has opposed the prayer for bail.
6. 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.
7. Consequently, the instant appeals are allowed. The impugned orders dated 28.01.2022 & 20.01.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jodhpur are set aside. It is ordered that the accused appellants Jaswant @ Jasraj S/o Shri Prema Ram, Naresh Prajapat S/o Shri Khem Raj Prajapat and Rahul Balai S/o Shri Chirnji Lal Meghwal shall be released on bail in FIR No.300/2021, Police Station Soorsagar, Jodhpur provided each of them 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.
