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MADAN GOPAL VYAS
Manohar Lal – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.231/2022, Police Station Gudamalani, District Barmer, for the offence under Sections 341, 327, 323, 325, 307/34 IPC and Sections 3(1)(r)(s), 3(2)(v)(va) of SC/ST Act against the order dated 22.12.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Barmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.
2. Mr. Jagdish Vishnoi, present-in-person, submits that appellants have falsely been implicated in this case. It is further submitted that none of the injuries are found to be dangerous to life and are not on any vital part of the body of the injured. The accused-appellants are in judicial custody since 19.12.2022 and the trial of the case will take sufficient long time. It is further submitted that the learned Court below has grossly erred in law and facts as well as in declining to release the appellants on bail. Therefore, it is prayed that the benefit of bail should be granted to the accuse
The court established that the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.
The court established that bail applications under the SC/ST Act must be evaluated with regard to the specifics of the case, including the severity of injuries and the treatment of co-accused, ensuri....
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the order rejecting the bail application can be set aside if found unsustainable.
The court has the discretion to grant bail after considering the facts and circumstances of the case, and the rejection of bail applications can be set aside if found unsustainable.
The court's decision was influenced by the lack of specific allegations against the accused-appellant and the erroneous rejection of the bail application.
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
The court's decision to grant bail was influenced by the nature of injuries and the length of the trial, as per the provisions of the SC/ST (Prevention of Atrocities) Act.
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 the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
The court established that bail can be granted under the SC/ST (Prevention of Atrocities) Act when the trial is expected to be prolonged and no further investigation is pending.
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