The court established that an accused's right to a fair trial must be upheld, and justifiable reasons for absence from court can warrant the granting of bail, even in serious cases under the SC/ST Act.

Headnote:
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellant, emphasizing the importance of fair trial rights and the circumstances of the appellant's absence from the trial court, which were deemed justifiable. The court interpreted the provisions of the SC/ST Act and the Cr.P.C. to ensure that the appellant's rights were protected, leading to the decision to allow bail despite the opposition from the Public Prosecutor.
Fact of the Case:

The appellant, Hanumanram, was in judicial custody for offenses under the IPC and the SC/ST Act. His bail application was rejected by the trial court, citing his absence due to the death of his counsel, which led to him being declared an absconder.
Finding of the Court:

The court found that the appellant's absence was justified and that he had been in custody since July 19, 2021. The court considered the arguments and the circumstances surrounding the case.
Issues: Whether the appellant is entitled to bail considering the circumstances of his absence and the nature of the charges against him.
Ratio Decidendi: The court held that the right to a fair trial includes the right to be present at proceedings, and the appellant's absence was due to circumstances beyond his control. The court emphasized the need to balance the rights of the accused with the seriousness of the charges.
Result: The appeal was allowed, the trial court's order was set aside, and the appellant was granted bail subject to certain conditions.

JUDGMENT

Devendra Kachhawaha, J. - The instant appeal has been filed under Section 14 (A) (2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I..R. No.92/2008, Police Station Shivpura, District Pali, registered for the offences under Sections 447 and 427/34 of the Indian Penal Code and Section 3(1)(5) of the SC/ST (Prevention of Atrocities) Act against the order dated 20.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the appellant stated that counsel appearing on behalf of the accused before learned tiral Court was expired and the appellant has no information in this regard, therefore, the appellant could not appear before the learned trial Court on the give date and thereafter remained absent, as a result of which the appellant has been declared absconder and his bail bonds were forfeited and standing arrest warrant has been issued against him by the learned trial Court; the appellant is behind the bars since 19.07.2021; and the trial will take time. With these submissions, learned counsel for the appellants prayed that the benefit of bail may be granted to the appellants.

4. Per contra, learned Public Prosecutor has opposed the appeal and stated that the accused-appellant has been absconded since 2011.

5. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellants deserves to be enlarged on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 20.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali, is set aside. It is ordered that the accused-appellant Hanumanram S/o Sh. Madaram arrested in connection with F.I..R. No.92/2008, Police Station Shivpura, District Pali, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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