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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Mana Ram Danga – Appellant
Versus
Union Of India & Ors. – Respondent
S.B. Criminal Appeal No. 2013 of 2022
Decided On : 06-12-2022
Interim Bail - SC/ST (Prevention of Atrocities) Act 1989 - The court dismissed the appeal for interim bail filed by the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act 1989, considering the seriousness of the allegation against the appellant and the availability of other family members to attend the marriage.
Fact of the Case:
The appellant filed a criminal appeal for interim bail citing the marriage of his cousin sister and brother as the ground for seeking bail.
Finding of the Court:
The court dismissed the appeal for interim bail, considering the seriousness of the allegation against the appellant and the availability of other family members to attend the marriage.
Issues: The issue was whether the appellant should be granted interim bail for the marriage of his cousin sister and brother, despite facing allegations of committing murder.
Ratio Decidendi: The court considered the seriousness of the allegation against the appellant and the availability of other family members to attend the marriage as the basis for dismissing the appeal for interim bail.
Final Decision: The criminal appeal for interim bail was dismissed by the court.
JUDGMENT
Manoj Kumar Garg, J. - The present criminal appeal for interim bail has been filed by the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act 1989, on the ground of marriage of his cousin sister and brother on 07.12.2022 and 08.12.2022 respectively.
2. Learned counsel for the appellant submits that appellant’s cousin sister and brother marriage has been fixed on 07.12.2022 and 08.12.2022 respectively and presence of appellant is very much essential. In these circumstances, the appellant may be granted interim bail for a period of 15 days.
3. Dr. Sachin Acharya, learned Senior Advocate appearing for C.B.I. and learned Public Prosecutor have opposed the prayer of the appellant, since allegation against the appellant is for offence under Section 302 of IPC.
4. I have heard learned counsel for the appellant as well as learned Public Prosecutor and learned counsel for the CBI. Perused the material available on record.
5. Considering the facts that the allegation against the appellant is of committing murder of five persons and uncle whose children’s marriage is going to be solemnized, is not real uncle of the present appellant and there are other family members available in the family of the appellant to attend the marriage, this Court is not inclined to grant interim bail to the appellant.
6. Hence, the criminal appeal for interim bail is dismissed.
The court has the discretion to grant interim bail based on the specific circumstances, such as the essential presence of the appellant in a significant family event.
The essential presence of the appellant in the mayra ceremony was a decisive factor in granting interim bail, balancing the allegations against him.
The court balanced the essential nature of the appellant's presence at a family function with the seriousness of the allegations against him in granting interim bail for a limited period with specifi....
The presence of other competent family members to handle family obligations may be considered in deciding on applications for interim bail.
The court has the discretion to grant interim bail based on the specific circumstances of the case, including the fact of the marriage in the close family.
The court considered the familial obligations and previous grant of bail as significant factors in granting the interim bail for attending the sister's marriage.
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