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RAJASTHAN HIGH COURT
Vinit Kumar Mathur, J.
Shivraj & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
Criminal Appeal No. 830, 836, 837 of 2021
Decided On : 01-10-2021
[BAIL] - [SC/ST (Prevention of Atrocities) Act] - [The court analyzed the bail applications under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, considering the circumstances of the case and the fact that co-accused had been granted bail. The court emphasized the principle of parity in bail applications, leading to the decision to grant bail to the appellants.]
Fact of the Case:
The appellants were in custody for serious offenses under the IPC and the SC/ST (Prevention of Atrocities) Act. Their bail applications were previously rejected by the Special Judge.
Finding of the Court:
The court found that the circumstances surrounding the appellants' case were not distinguishable from those of co-accused who had been granted bail, warranting a similar decision.
Issues: Whether the appellants should be granted bail in light of the previous bail granted to co-accused and the principles of parity in bail applications.
Ratio Decidendi: The court held that the principle of parity in bail applications necessitates that similarly situated co-accused should be treated alike unless there are distinguishing factors.
Result: The appeals were allowed, and the orders rejecting bail were set aside, granting bail to the appellants under specified conditions.
JUDGMENT
Vinit Kumar Mathur, J. - Mr. Kistur Chand and Mr. Mohan Lal, Advocate have put in appearance on behalf of the complainant-respondent No.2 and wife of the deceased. Service, therefore, is complete.
2. The instant appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR (C.R.)No.75.2019, Police Station Kesarisinghpur District Sri Ganganagar for the offences under Sections 302, 458, 324, 147, 148, 149 of IPC and and Sections 3(2)(V), 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act against the orders dated 07.09.2021 and 19.08.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
3. Heard. Perused the material available on record.
4. After rejection of the criminal appeals (first Bails) of the appellants by this court vide orders dated 04.03.2021, 23.01.2020 and 11.08.2020 respectively, the charge sheet has been filed.
5. Mr. J.S.Choudhary, learned Senior Counsel submits that after rejection of the appeals (first bails) of the appellants, co-accused Baljinder Singh @ Babbu Singh, Rajvinder Singh and Dilbagh Singh have been enlarged on bail by coordinate benches of this court vide orders dated 28.09.2021 and 01.09.2021. The case of the present appellants is not distinguishable from the case of the other co-accused persons who have already been enlarged on bail. Therefore, they may also be enlarged on bail.
6. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced and the fact that co-accused has been released on bail by the Co-ordinate Benches of this Court, I am of the opinion that the appellants deserve to be enlarged on bail.
7. Consequently, the instant appeals are allowed. The impugned order dated 07.09.2021 and 19.08.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar are set aside. It is ordered that the accused-appellants Shivraj S/o Balwant Singh, Kulvinder Singh @ Kindi S/o Shri Gurdarshan Singh, Jagsir Singh @ Satvir @ Sukhvir Singh S/o Shri Baldev Singh & Manveer Singh @ Maniya @ Manna S/o Sh. Gurmel Singh arrested in connection with F.I.R. (C.R.) No.75/2019 Police Station, Kesarisinghpur District Sri Ganganagar shall be released on bail; provided each of them furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) 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 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....
In exceptional circumstances, such as the prevailing situation due to the COVID-19 pandemic, courts may grant bail to accused persons, even in cases involving serious offenses, to ensure their safety....
The court granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
The court established that the denial of bail must be justified, especially when co-accused are granted bail under similar circumstances.
The court established that an accused should be granted bail when co-accused in similar circumstances have been released, emphasizing the principle of parity in bail applications.
The principle of parity requires that if co-accused are granted bail, similar treatment should be extended to the appellant unless distinguishable circumstances exist.
The court's decision was influenced by the consideration of the appellants deserving bail based on the entirety of facts and circumstances available on record.
The principle of parity and judicial consistency justified granting bail to the appellants, given that co-accused were released and trial would take a long time.
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.
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