Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1583

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Uma Shanker Vyas, J.
Lakhan & Ors. - Appellants
Versus
State of Rajasthan, Through P. P & Ors. - Respondents
S.B. Criminal Appeal No. 309 of 2023 Connected with S.B. Criminal Appeal (SB) No. 294 of 2023; S.B. Criminal Appeal (SB) No. 310 of 2023; S.B. Criminal Appeal (SB) No. 311 of 2023; S.B. Criminal Appeal (SB) No. 312 of 2023
Decided On : 13-03-2023

Advocates appeared:
Ms. Krishna Bai (Present in person), for the Appellant; Mr. Sanjeev Mahala, P.P., for the Respondent.

The court established that prolonged judicial custody without trial can warrant the granting of bail, emphasizing the importance of a fair trial and adherence to legal procedures under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Headnote:
BAIL - SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT - The court granted bail to the accused-appellants under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, considering the prolonged judicial custody and the need for a fair trial, while emphasizing compliance with legal provisions for bail and the necessity of appearing in court as required.
Fact of the Case:

The accused-appellants were charged under various sections of the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sought bail due to their prolonged judicial custody and claims of false implication.
Finding of the Court:

The court found it just to grant bail to the accused-appellants, emphasizing the need for a fair trial and the lengthy duration of their custody without expressing any opinion on the merits of the case.
Issues: Whether the accused-appellants should be granted bail considering the circumstances of the case and the duration of their judicial custody.
Ratio Decidendi: The court's decision to grant bail was based on the principles of justice and fairness, taking into account the prolonged judicial custody of the accused and the necessity for them to have a fair opportunity to defend themselves in the trial.
Result: The appeals for bail were allowed, and the orders of the lower court were quashed, with the condition that the accused-appellants furnish personal bonds and sureties as specified.

JUDGMENT

1. Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989') has been made in present cases.

2. The present criminal appeals under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been filed in connection with FIR No.30/2023 registered at Police Station Aklera, District Jhalawar for the offence under Section(s) 143, 341, 323, 307, 308 & 504 of IPC and under Section(s) 3-1(r)(s) & 3-2(v) 3-2(va) of the Act of 1989.

3. It is contended by relatives of respective accused-appellants named above that appellants are innocent and have falsely been implicated in these cases. They further submit that accused-appellants are in judicial custody since long and the conclusion of the trial will take long time, hence prays for their release on bail.

4. Learned Public Prosecutor has opposed these appeals.

5. Taking into consideration the overall facts and circumstances of cases, but without expressing any opinion on the merits and demerits of cases, this Court deems it just and proper to enlarge appellants on bail.

6. The orders dated 01.02.2023 & 04.02.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar (Rajasthan) are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused-appellants 1.Lakhan S/o Suresh, 2.Mohan S/o Suresh, 3.Kanhiyalal @ Kanha S/o Badrilal, 4.Sunil S/o Govind, 5.Ajay S/o Dhannalal, 6.Shivraj @ Shiva S/o Hajari Lal, 7.Miklesh S/o Hazarilal, 8.Rajesh @ Raju @ Raja S/o Rameshchand & 9.Komal S/o Devlal shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they 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 and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

7. A copy of this order be placed in each connected file.

Click Here to Read the rest of this document