Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2719

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Pappu Singh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 1529 of 2022
Decided On : 07-12-2022

Advocates Appeared:
Laxmi Devi, Advocate, Naresh Charniya, Advocate, S.K. Mehar, Advocate, Kalu Ram Bhati, Advocate

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.

Headnote:
Bail - SC/ST (Prevention of Atrocities) Act - The court set aside the order rejecting the bail application and granted bail to the accused-appellant based on the compromise between the parties and the lengthy trial process.
Fact of the Case:

The appellant filed an appeal for bail under Section 14-A(2) of SC/ ST (Prevention of Atrocities) Act, as he was in custody for the offence under Section 302 of IPC and Section 3(2)(v) of SC/ST Act. Material witnesses were examined and declared hostile, and a compromise was reached between the parties.
Finding of the Court:

The court found that the order rejecting the bail application cannot be sustained and set it aside, granting bail to the accused-appellant based on the circumstances and arguments presented.
Issues: The issues involved the rejection of the bail application, the examination of material witnesses, and the compromise between the parties.
Ratio Decidendi: 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.
Final Decision: The instant appeal was allowed, and the impugned order was set aside, granting bail to the accused-appellant upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, 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 F.I.R. No.206/2020, Police Station Basni, District Jodhpur for the offence under Section 302 of IPC and Section 3(2)(v) of SC/ST Act against the order dated 08.09.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Counsel for the appellant submits that material witnesses have been examined before the Court and they have been declared hostile. Furthermore, compromise has been arrived between the parties. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Counsel further submits that the learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

3. Learned Public Prosecutor has opposed the prayer for bail and learned counsel for the complainant concurs the fact of compromise.

4. 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.

5. Consequently, the instant appeal is allowed. The impugned order dated 08.09.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Pappu Singh S/o Shri Krishn Singh, arrested in connection with F.I.R. No.206/2020, Police Station Basni, District Jodhpur, 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.

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