MANOJ KUMAR GARG
Jaswant @ Jasraj – Appellant
Versus
State Of Rajasthan – Respondent
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 vi
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.
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's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
The court has the discretion to grant bail after considering the facts and circumstances of the case.
The court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court's decision was influenced by the interpretation of the bail provisions under the SC/ST Act and the consideration of the circumstances and arguments presented.
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 court has the discretion to grant bail after considering the entirety of facts and circumstances of the case.
The court has the discretion to set aside the rejection of a bail application if it deems that the circumstances warrant the release of the accused on bail.
The court established that the rejection of bail must be justified by substantial reasons, and similar cases should be treated equally under the law.
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