Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2643

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Punit – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 1924 of 2022
Decided On : 16-12-2022

Advocates Appeared:
TRS Sodha, Advocate, Rajat Choudhary, Advocate, Salim Khan, Advocate

The court's decision was influenced by the lack of specific allegations against the accused-appellant and the erroneous rejection of the bail application.

Headnote:
Bail - SC/ST Act - The court set aside the order rejecting the bail application and granted bail to the accused-appellant.
Fact of the Case:

The appellant filed an appeal under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act against the rejection of his bail application by the Special Judge.
Finding of the Court:

The court found that there was no specific allegation against the accused-appellant and that he had been falsely implicated. The court held that the order rejecting the bail application cannot be sustained and granted bail to the accused-appellant.
Issues: The issues involved the rejection of the bail application under the SC/ST Act and the appellant's contention of being falsely implicated.
Ratio Decidendi: The court considered the entirety of facts and circumstances, and upon a consideration of the arguments, concluded that the order rejecting the bail application cannot be sustained.
Final Decision: The appeal was allowed, and the impugned order rejecting the bail application was set aside. The accused-appellant was ordered to be released on bail upon furnishing the specified bonds.

JUDGMENT

Madan Gopal Vyas, J. - The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.213/2022, Audyogik Kshetra Police Station District Pali, for the offence under Sections 143, 341, 323, 384/34, 365/120B IPC and Sections 3(1)(r)(s), 3(2)(va) of SC/ST Act against the order dated 21.11.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Pali whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Learned Public Prosecutor stated that service upon respondent No.2 has been completed, despite service, no one has appeared on behalf of respondent No.2-complainant.

3. Learned counsel for the appellant submits that there is no specific allegation against the accused-appellant and he has falsely been implicated in this case. The accused-appellant is in judicial custody since long and the trial of the case will take sufficient long time. Learned counsel further submits that the learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

4. Learned Public Prosecutor has vehemently opposed the prayer for bail.

5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

6. Consequently, the instant appeal is allowed. The impugned order dated 21.11.2022 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Pali is set aside. It is ordered that the accused-appellant Punit S/o Mangilal, arrested in connection with FIR No.213/2022, Audyogik Kshetra Police Station District Pali, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- 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.

Click Here to Read the rest of this document