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2021 Supreme(Raj) 2090

MANOJ KUMAR GARG
Kaluram S/o Gheesaram – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Narendra Singh Rajpurohit, Advocate, Mukesh Rajpurohit, Advocate, J.P. Bhardwaj, Advocate

JUDGMENT

Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14a SC/ST (Prevention of atrocities) act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.135/2021, P.S. Sadar Pali, District Pali, for the offence under Section 307/34 of IPC and Section 3(2)(V) of S.C./S.T. act against the order dated 25.08.2021 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of atrocities act Cases), Pali, District Pali, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Counsel for the appellant submits that compromise has arrived at between the parties. Counsel further submits that injured has already been discharged from the hospital. Challan of the case has already been presented. accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

3. Learned Public Prosecutor and learned counsel for the complainant have opposed the

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