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UMA SHANKER VYAS
Lakhan – Appellant
Versus
State of Rajasthan, Through PP – Respondent
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 appel
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 ....
The court established that prolonged judicial custody and the right to a fair trial are significant factors in granting bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)....
The court's decision was based on the nature of the allegations, the material in the case diary, and the filing of a complaint under Sections 107 & 151 Cr.P.C. for the same incident, without expressi....
The court established that compliance with procedural requirements and the nature of allegations are critical factors in determining bail under the Scheduled Castes & Scheduled Tribes (Prevention of ....
The court granted bail to accused-appellants under the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, emphasizing the need for timely justice without commenting on the merits....
The court established that in bail considerations, the voluntary actions of the prosecutrix and the absence of criminal antecedents of the accused are significant factors that can influence the decis....
The court's decision to grant bail was influenced by the considerations of the nature of the allegation, length of custody, filing of charge sheet, and the absence of criminal antecedents, without ex....
The court's decision to grant bail was based on the consideration of the nature of allegations, length of custody, and the material contained in the case diary.
Bail can be granted under the SC/ST (Prevention of Atrocities) Act when the accused demonstrate no prior criminal record, have been in custody for a considerable time, and the charge sheet has been f....
The court established that the provisions of the SC/ST (Prevention of Atrocities) Act must be balanced with the rights of the accused, particularly in cases where the allegations are not severe and t....
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