Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vijay Bishnoi, J.
Suresh Kumar – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 1903 of 2022
Decided On : 11-01-2023
SC/ST Act - Bail Application - The court allowed the appeal filed by the accused appellant under Section 14-A of SC/ST Act, setting aside the order of the trial court and directing the release of the appellant on bail.
Fact of the Case:
The appellant was arrested for offenses under IPC and SC/ST Act. The appellant claimed that the dispute with the deceased was related to the payment of installments for a motorcycle and that he did not instigate the deceased to commit suicide.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, allowed the appeal and set aside the order of the trial court, directing the release of the appellant on bail.
Issues: The main issue was the bail application filed by the appellant in connection with the FIR.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case in allowing the appeal and setting aside the trial court's order.
Final Decision: The criminal appeal filed under Section 14-A of SC/ST Act was allowed, and the order of the trial court was set aside, directing the release of the appellant on bail.
JUDGMENT
Vijay Bishnoi, J. - Notices of this appeal have already been served, however, none is appeared on behalf of the respondent No.2.
2. This criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as ’the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 17.11.2022 passed by the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act Cases, Jalore (hereinafter to be referred as ’trial court’) in Criminal Misc. Bail Application No.286/2022 (CIS No.795/2022), whereby the trial court has dismissed the bail application filed on behalf of the appellant.
3. The appellant has been arrested in FIR No.521/2022 of Police Station Sanchore, District Jalore for the offences punishable under Sections 506, 384 and 306/34 IPC and Sections 3(1)(r)(s) and 3(2)(v)(va) of SC/ST Act.
4. Learned counsel for the appellant has submitted that the actual dispute between the appellant and the deceased was in relation to payment of installments of a motorcycle. It is further submitted that as a matter of fact, the petitioner did not instigate the deceased to commit suicide.
5. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.
6. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.
7. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A of SC/ST Act.
8. Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and the order dated 17.11.2022 passed by the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act Cases, Jalore in Criminal Misc. Bail Application No.286/2022 (CIS No.795/2022) is set aside. It is directed that appellant - Suresh Kumar S/o Rughnath Ram shall be released on bail in connection with FIR No.521/2022 of Police Station Sanchore, District Jalore provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
The court's decision was based on the interpretation of Section 14-A of the SC/ST Act in allowing the appeal and granting bail to the appellant.
The court's decision was based on the interpretation of Section 14-A(2) of the SC/ST Act, considering the totality of the facts and circumstances of the case.
The court has the discretion to allow bail under Section 14-A of the SC/ST Act based on the totality of the facts and circumstances of the case.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail based on the circumstances of the case.
The court has the discretion to allow an appeal under Section 14-A(2) of SC/ ST Act and grant bail to the accused, considering the totality of the facts and circumstances of the case.
The court granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
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 main legal point established in the judgment is the consideration of the facts and circumstances of the case and the period of incarceration already undergone by the appellant in granting bail.
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the nature of the offense and the likelihood of the appellant's cooperation in the investigati....
The court considered the appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
