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RAJASTHAN HIGH COURT
Sanjeev Prakash Sharma, J.
Suresh Kumar - Appellant
Versus
State of Rajasthan - Respondent
Criminal Appeal No. 566 of 2021, 534 of 2021
Decided On : 12-07-2021
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellants Onkar Singh and Suresh Kumar, emphasizing the principle of parity with co-accused who were similarly situated and had already been granted bail. The court quashed previous orders denying bail, highlighting the necessity of equal treatment under the law and the importance of personal bonds for ensuring appearance in court.
Fact of the Case:
The criminal appeals were filed under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act concerning FIR No.62/2020, involving multiple serious charges against the appellants, including IPC sections and provisions of the SC/ST Act.
Finding of the Court:
The court found that the cases of the appellants were identical to those of co-accused who had already been granted bail. The court emphasized the need for parity in treatment among similarly situated individuals.
Issues: Whether the appellants, Onkar Singh and Suresh Kumar, are entitled to bail under the SC/ST (Prevention of Atrocities) Act given the similar circumstances of their co-accused.
Ratio Decidendi: The court established that the principle of parity in granting bail is crucial, especially when co-accused in similar situations have been granted bail, thereby ensuring fairness in judicial proceedings.
Result: The appeals were allowed, and the orders denying bail were quashed, directing the release of both appellants on bail upon furnishing personal bonds.
JUDGMENT
Sanjeev Prakash Sharma, J. - Heard learned counsel for the appellant and learned Public Prosecutor.
2. These criminal appeals under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.62/2020 registered at Police Station Sangad, District Jaisalmer for the offence under Sections 147, 148, 341, 323, 354, 355, 455, 307/149 IPC and Sections 3(1) (g) (r) (s), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.
3. Criminal Appeal No.534/2021: Onkar Singh Vs State
4. Learned counsel for the appellant submits that co-accused Bhoor Singh, Avtar Singh, Nepal Singh and Mangu Singh had filed Criminal Appeal No.523/2021 and have already been granted bail by this Court vide order dated 24.06.2021 and the case of the appellant is identical to that of other co-accused.
5. Learned Public Prosecutor opposed this appeal.
6. Taking into consideration the above and maintaining parity with the aforesaid persons who are similarly situated, the appellant Onkar Singh also is entitled to be released. The order dated 15.06.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jaisalmer in Cr. Case No.267/2021 is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused-appellant namely, Onkar Singh s/o Babu Singh Rajput shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) with one surety in the like amount to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. Criminal Appeal No.566/2021: Suresh Kumar Vs State
8. The Criminal Appeal No.566/2021 has been tagged with the Criminal Appeal No.534/2021 (Onkar Singh Vs State), wherein the service is complete but no one has put in appearance on behalf of the complainant Hakma Ram. Thus, the service on complainant Hakma Ram in the Criminal Appeal No.566/2021 (Suresh Kumar Vs State) is also treated complete.
9. Looking to the allegations against the appellant Suresh Kumar, which are identical and the Criminal Appeals filed by similarly placed persons has been allowed, I am inclined to accept the Criminal Appeal of the appellant Suresh Kumar also.
10. The order dated 29.06.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jaisalmer in Cr. Case No.275/2021 is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused-appellant namely, Suresh Kumar s/o Lal Chand shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) with one surety in the like amount to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
The court reinforced the principle of parity in bail applications under the SC/ST (Prevention of Atrocities) Act, ensuring that similarly situated accused are treated equally.
The principle of parity in bail decisions among co-accused under the SC/ST (Prevention of Atrocities) Act is crucial, ensuring that similar cases are treated consistently unless justifiable differenc....
The court's decision was influenced by the overall circumstances and allegations in granting bail to the accused under the SC/ST (Prevention of Atrocities) Act.
The principle of parity in bail applications under the SC/ST (Prevention of Atrocities) Act requires that co-accused in similar circumstances should be granted bail unless there are significant disti....
The court established that bail should be granted based on parity with co-accused in similar situations, particularly when significant time has elapsed since the incident.
The absence of specific allegations and recovery against accused-appellants justifies the granting of bail under the SC/ST (Prevention of Atrocities) Act.
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 principle of parity in bail applications under the S.C./S.T. (Prevention of Atrocities) Act, which mandates that similarly situated individuals should receive similar treatment in bail decisions.
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 established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the nature of allegations does not involve serious offenses and the investigation is complete.
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