IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR, J.
Jaswant Singh S/o Shri Narendra Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Appeal No. 1194 of 2023
Decided On : 07-07-2023
Indian Penal Code, 1860 - Sections 323, 452, 427, 379, 34 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 - Sections 3(1)(r)(S), 3(1)(s), 3(2)(va) - Offence of voluntarily causing hurt, Theft - House-trespass after preparation for hurt - Mischief causing damage to amount of fifty rupees - Allegation of attacking - Judicial custody - Held, Court is inclined to enlarge appellant on bail - Order passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Bail Application is set aside and it is ordered that accused-appellant/ shall be enlarged on bail in connection with FIR registered at Police Station, District Jodhpur Rural, provided he furnishes a personal bond in sum of with two sureties each to satisfaction of learned trial Judge for his appearance before court concerned on all dates of hearing as and when called upon to so - Appeal allowed.
JUDGMENT :
KULDEEP MATHUR, J.
1. The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 14.6.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Bail Application No. 242/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No. 200/2023 registered at Police Station Bilara, District Jodhpur Rural, for offences under Sections 323, 452, 427, 379, 34 of IPC and Sections 3(1)(r)(S), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.
2. Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that the allegation against the appellant is that he along with co-accused persons by trespassing the restaurant run by the complainant, attacked him with lathis and iron rod and also looted a sum of Rs.10,000/-. Learned counsel for the appellant submitted that though there is an allegation of attacking the complainant with lathis and iron rods against present appellant and co-accused persons, but no grievous injury on any vital part has been reported. Learned counsel submitted that the injuries allegedly inflicted by the appellant are simple in nature as the F.I.R. against him has been lodged under Section 323 IPC. Learned counsel submitted that appellant is in judicial custody for more than one month and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant.
3. Per contra, learned Public Prosecutor opposed the appeal.
4. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the appellant on bail.
6. Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order dated 14.6.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Bail Application No. 242/2023 is set aside and it is ordered that the accused-appellant/Jaswant Singh S/o Shri Narendra Singh shall be enlarged on bail in connection with FIR No. 200/2023 registered at Police Station Bilara, District Jodhpur Rural, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.
7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of the instant appeal. The trial court shall not get prejudiced by the same.
The court ruled that prolonged detention without trial is unjustified, especially when co-accused granted bail under similar circumstances.
The court ruled that the nature of injuries and completion of investigation are critical factors in bail decisions, emphasizing that serious allegations do not automatically warrant denial of bail.
Bail can be granted under the SC/ST (Prevention of Atrocities) Act based on the absence of prior criminal records and the circumstances surrounding the case, without prejudicing the merits of the cas....
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.
Bail can be granted under the SC/ST (Prevention of Atrocities) Act when the accused demonstrate no prior criminal record, have been in custody for a considerable time, and the charge sheet has been f....
The court has the discretion to grant bail after considering the facts and circumstances of the case.
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