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MANOJ KUMAR GARG
Pappu Singh – Appellant
Versus
State of Rajasthan – Respondent
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 complain
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 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 contradictions in the statements of the prosecutrix and the anticipated lengthy trial period as grounds for granting bail to the accused-appellant.
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's decision to grant bail was based on the prosecutrix's statement and the length of the trial, highlighting the importance of evidence and the practical considerations of trial duration in ....
The court's decision to grant bail to the accused-appellant was based on the consideration of the entirety of facts and circumstances available on record, and the finding that the order rejecting the....
The court's decision was influenced by the change in the prosecutrix's statement and the expected lengthy trial duration in granting bail to the accused-appellant.
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of a bail application can be set aside if it is found to be unsustainable.
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the order rejecting the bail application can be set aside if found unsustainable.
The court's decision to grant bail to the accused-appellant was based on the consideration of the entirety of facts and circumstances available on record.
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