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.

JUDGMENT

In both the cases, complainant respondent No.2 Bhanwar Lal Sanadhya is common, to whom notices were issued in Criminal Appeal No.488/2021. Despite service, no one has appeared on behalf of the respondent No.2 to oppose the appeal.

Both the aforesaid criminal appeals being decided by this common order as both arise out of the same FIR No.216/1990.

Heard the learned counsel and perused the material available on record.

These appeals have been preferred on behalf of the appellants Chatra @ Chatarbhuj S/o Sh. Ladu and Panna Das S/o Jagannath Das, under Section 14A of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 being aggrieved of the order dated 30.06.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh in Criminal Case No.73/2021 and order dated 04.05.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh respectively, rejecting the bail applications preferred on behalf of the appellants, who are in custody in connection with FIR No.216/1990 registered at Police Station Begun, District Chittorgarh, for offences under Sections 302, 147, 435 & 436 IPC and Section 3(1)(S) of the SC/ST (Prevention of Atrocities) Act.

Learned counsel for the appellants submitted that chargesheet against both the appellants has already been filed in the present case. The incident took place way back on 23.06.1990 but the investigation against the appellants was kept pending under Section 173(8) Cr.P.C. Now, both the appellants have been arrested on 12.04.2021 and the investigation against them has also completed. In the meantime, some of the accused persons faced trial and were convicted by the trial court. However, on filing appeal, their sentence has been suspended.

Learned counsel for the appellants further submits that this is a case where allegation is that a mob of 3,000 to 4,000 people collected at site when the incident occurred. Against the other co- accused namely; (1) Pratap Singh S/o Jalam Singh, (2) Kalu S/o Shri Jalam Singh, (3) Banshi Lal S/o Shri Bilasi Ram and (4) Radheyshyam S/o Bilasi Ram, the investigation in the present case was pending under Section 173(8) Cr.P.C. and later on, after their arrest and after submission of chargesheet, they have been released on bail by the a co-ordinate Bench of this Court vide order dated 05.11.2020 passed in S.B. Criminal Appeal No.785/2020 and S.B. Criminal Appeal No.324/2020 respectively.

Learned counsel for the appellant further submits that the trial of the present case will take its own time, as there are number of witnesses and since the co-accused named above are on the similar footing to the present appellants have also been released on bail, so the appellants may be granted the same relief and may be released on bail.

Mr. Mukhtiyar Khan, learned Public Prosecutor has opposed the appeal.

In aforesaid background and having regard to overall facts and circumstances of the case, considering the arguments advanced by the appellants and considering the fact that the case of the appellants has not been alleged to be on different footing than the co-accused named hereinabove, who have already been released on bail by a coordinate Bench of this Court, this Court is of the opinion that the appellants deserve indulgence of bail in this case.

Consequently, the aforesaid appeals are allowed. The order dated 30.06.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh in Criminal Case No.73/2021 and order dated 04.05.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh respectively are set aside and it is ordered that the accused- appellants Chatra @ Chatarbhuj S/o Sh. Ladu and Panna Das S/o Jagannath Das arrested in connection with FIR No.216/1990 registered at Police Station Begun, District Chittorgarh shall be released on bail during pendency of the trial; provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25