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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Uma Shanker Vyas, J.
Guddu & Ors. - Appellants
Versus
State of Rajasthan, Through PP & Ors. - Respondents
S.B. Criminal Appeal No. 911 of 2023 Connected with S.B. Criminal Appeal (SB) No. 912 of 2023; S.B. Criminal Appeal No. 965 of 2023
Decided On : 02-05-2023
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 under Section 437 of the Cr.P.C.
Fact of the Case:
The appellants were accused in FIR No.97/2023 for various offenses under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They claimed innocence and sought bail due to prolonged judicial custody.
Finding of the Court:
The court acknowledged the arguments for bail and, without commenting on the merits of the case, found it just to grant bail considering the circumstances.
Issues: Whether the appellants should be granted bail given their claims of innocence and the duration of their judicial custody.
Ratio Decidendi: The court's decision to grant bail was based on the need for a fair trial and the lengthy period of judicial custody, aligning with the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Cr.P.C.
Result: The court allowed the appeals, quashed the previous orders denying bail, and directed the release of the appellants on bail with specific conditions.
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. These criminal appeals under Section 14-A (2) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.97/2023 registered at Police Station Mania, District Dholpur for the offence under Section(s) 143, 323, 341, 504, 506 & 325 of IPC and under Section(s) 3(1)(r)(s) & 3(2)(va) of the Act of 1989.
3. It is contended by learned counsel for appellants that appellants are innocent and have falsely been implicated in these cases. They further submit that accused-appellants have been in judicial custody since long and the conclusion of the trial will take long time, hence pray 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 20.04.2023 & 27.04.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Dholpur (Rajasthan) are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants 1.Guddu S/o Shri Omprakash @ Omi, 2.Ravi S/o Shri Rakesh, 3.Nekram S/o Shri Rati Ram & 4.Shersingh @ Sheru @ Raj S/o Malkhan Singh Alias Malkhe 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 files.
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)....
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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....
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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....
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....
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'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.
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