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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Dalpat Singh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 211 of 2022
Decided On : 20-12-2022
Bail - SC/ST (Prevention of Atrocities) Act - The court allowed the appeal and granted bail to the accused-appellant, setting aside the impugned order passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali. The appellant was in custody in connection with FIR No.176/2022 for offenses under Sections 307/34 of IPC, Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, and Section 3/25 of Arms Act. The court considered the totality of facts and circumstances and concluded that the appellant deserved to be enlarged on bail, similar to the co-accused who had already been released on bail.
Fact of the Case:
The appellant filed an appeal for bail under Section 14A(2) SC/ST (Prevention of Atrocities) Act, stating that there was no intent to kill the victim and no one was injured in the incident. The co-accused had already been released on bail, and the appellant sought similar benefit.
Finding of the Court:
The court, after considering the arguments and material available on record, concluded that the appellant deserved to be enlarged on bail and allowed the appeal, setting aside the impugned order and ordering the release of the accused-appellant on bail.
Issues: Bail application under Section 14A(2) SC/ST (Prevention of Atrocities) Act, opposition by the learned Public Prosecutor and counsel for the complainant.
Ratio Decidendi: The court considered the totality of facts and circumstances, including the similarity of the appellant's case to that of the co-accused who had been released on bail, and granted bail to the appellant.
Final Decision: The instant appeal is allowed, and the impugned order is set aside. The accused-appellant is ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial Court.
JUDGMENT
Farjand Ali, J. - The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.176/2022, Police Station Guda Endla, District Pali, for the offences under Sections 307/34 of IPC and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act and under Section 3/25 of Arms Act.
2. It is stated that there was no intent to kill the victim and no one was injured in the incident. The co-accused Vaja Ram has been released on bail by a coordinate Bench of this Court vide order dated 22.11.2022 in S.B. Criminal Misc. Bail Application No.14785/2022. The case of the appellant is not distinguishable from the case of the co-accused, who has already been released on bail. Therefore, benefit of bail may also be granted to the appellant.
3. Per contra, learned learned Public Prosecutor and learned counsel for the complainant opposed the bail application.
4. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
5. Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.
6. Consequently, the instant appeal is allowed. The impugned order dated 28.11.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali is set aside. It is ordered that the accused-appellant- Dalpat Singh S/o Jabbar Singh arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The court ruled that lack of supporting evidence from key witnesses and prolonged detention justified granting bail under the SC/ST Act.
The principle of parity and judicial consistency justified granting bail to the appellants, given that co-accused were released and trial would take a long time.
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's decision to grant bail was influenced by the nature of injuries and the length of the trial, as per the provisions of the SC/ST (Prevention of Atrocities) Act.
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
The court considered the compromise between the parties and the lengthy trial process as grounds for setting aside the order and granting 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 main legal point established in the judgment is the court's discretion in granting bail under the SC/ST (Prevention of Atrocities) Act based on the totality of facts and circumstances, and the co....
The court established that bail should be granted based on parity with co-accused and the anticipated length of the trial.
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