Mangal Singh vs State of Rajasthan - 2023 Supreme(Raj) 952

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 952

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Mangal Singh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 52 of 2023
Decided On : 24-01-2023

Advocates Appeared:
Rajesh Panwar, Advocate, Ayush Gehlot, Advocate, Laxman Solanki, Advocate

Headnote:
Bail - SC/ST (Prevention of Atrocities) Act - The court deemed it proper to enlarge the appellant on bail, considering the totality of facts and circumstances without commenting on the merits of the case.
Fact of the Case:

The appellant filed an appeal for bail under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, in connection with a case involving offences under Sections 306 of IPC and Section 3(2)(v) of SC/ST Act.
Finding of the Court:

The court, without commenting on the merits of the case, decided to grant bail to the appellant based on the totality of facts and circumstances.
Issues: The issue was whether the appellant should be granted bail in connection with the case involving offences under Sections 306 of IPC and Section 3(2)(v) of SC/ST Act.
Ratio Decidendi: The court considered the lack of prima facie evidence to prove the appellant's involvement in the abetment of suicide, the lengthy trial process, and the totality of facts and circumstances in deciding to grant bail.
Final Decision: The instant appeal was allowed, and the impugned order was set aside. The accused-appellant was ordered to be released on bail, provided he furnished a personal bond and sureties to the satisfaction of the lower Court.

JUDGMENT

Kuldeep Mathur, J. - The instant appeal has been filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.121/2022 registered at Police Station Mt. Abu, District Sirohi, for the offences under Sections 306 of IPC and Section 3(2)(v) of SC/ST Act.

2. Heard learned counsel for the appellant and Public Prosecutor for the State. Perused the material available on record.

3. Learned counsel for the appellant submits that there is no prima facie evidence available on record to prove the involvement of the appellant in the abetment of suicide of the deceased. Challan has already been filed. The appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel submits that benefit of bail may be extended to the appellant.

4. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant vehemently opposed the bail application.

5. Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 06.01.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi is set aside. It is ordered that the accused-appellant Mangal Singh S/o Shri Babu Singh arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided him furnish a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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