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KULDEEP MATHUR
Mangal Singh – Appellant
Versus
State of Rajasthan – Respondent
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
The court's decision was influenced by the provisions of Section 14-A(1) of SC/ST (PA) Act, which allowed for the grant of bail to the accused-appellant.
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
The court ruled that prolonged detention without trial is unjustified, especially when co-accused granted bail under similar circumstances.
The principle of parity requires that if co-accused are granted bail, similar treatment should be extended to the appellant unless distinguishable circumstances exist.
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