Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Durgesh Singh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 1820 of 2022
Decided On : 07-12-2022
Bail - SC/ST (Prevention of Atrocity) Act - The court set aside the order rejecting the bail application and granted bail to the accused-appellant under Section 14-A(1) of SC/ST (PA) Act.
Fact of the Case:
The appellant filed an appeal under Section 14-A(1) of SC/ST (PA) Act against the rejection of his bail application in connection with FIR No.117/2022 for offences under Section 306 of IPC and Section 3(2) (V) of SC/ST (Prevention of Atrocity) Act.
Finding of the Court:
The court, after considering the arguments and the entirety of facts and circumstances, set aside the order rejecting the bail application and granted bail to the accused-appellant.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant, who was in custody in connection with the mentioned FIR.
Ratio Decidendi: The court found that there was no evidence for abetment to commit suicide against the appellant and that the trial of the case would take a sufficient long time to be concluded, leading to the grant of bail.
Final Decision: The instant appeal was allowed, and the impugned order was set aside. The accused-appellant was ordered to be released on bail upon furnishing the specified bonds.
JUDGMENT
Manoj Kumar Garg, J. - Heard the learned counsel for the parties and perused the material available on record.
2. The instant appeal has been filed under Section 14-A(1) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.117/2022, Police Station Sayla, District Jalore for the offences under Section 306 of IPC and Section 3(2) (V) of SC/ST (Prevention of Atrocity) Act against the order dated 17.10.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Jalore whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
3. Counsel for the appellant submits that there is no evidence for abetment to commit suicide against the appellant. Challan of the case has already been presented and now no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
4. Learned Public Prosecutor opposed the prayer for bail. 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 17.10.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Jalore is set aside. It is ordered that the accused-appellant Durgesh Singh S/o Sh. Kishan Singh Rajput, arrested in connection with FIR No.117/2022, Police Station Sayla, District Jalore 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.
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 court has the discretion to set aside the rejection of a bail application if it deems that the order cannot be sustained based on the facts and circumstances of the case.
The court's decision was influenced by the specific allegations against the co-accused and the absence of specific allegations against the present appellant, along with the consideration of the lengt....
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of bail applications can be set aside if found unsustainable.
The court's decision was influenced by the interpretation of the bail provisions under the SC/ST Act and the consideration of the circumstances and arguments presented.
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's decision was influenced by the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, and the legal principle that the rejection of the bail applicati....
The court has the discretion to set aside the rejection of a bail application if it deems the order cannot be sustained based on the facts and circumstances of the case.
The court's decision was influenced by the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, particularly in relation to the grant of bail to the accused-app....
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
