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FARJAND ALI
Maniram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
These three appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.545/2018, Police Station Pilibanga, District Hanumangarh for the offences under Sections 148, 302, 302/149, 447, 323, 323/149, 307 and 307/149 of the IPC and Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act, being aggrieved by the orders dated 25.10.2023, whereby the applications under Section 439 of the Cr.P.C. have been rejected by the trial Court.
2. It is submitted by learned counsel for the appellants that the appellants have falsely been implicated in the present case and they have nothing to do with the alleged offence. The co-accused persons, namely, Mukesh, Vinod and Shamsher Khan, have been enlarged on bail. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellants behind the bars. They, therefore, pray that benefit of bail may be granted to the appellants.
3. Per contra, learned learned Public Prosecutor as well as the learned counsel for the complainant has opposed the bail application.
4. Heard learned counsel f
The principle of parity and judicial consistency justified granting bail to the appellants, given that co-accused were released and trial would take a long time.
The court ruled that lack of supporting evidence from key witnesses and prolonged detention justified granting bail under the SC/ST Act.
The court emphasized that prolonged detention without substantial evidence serves no purpose, warranting bail for the accused.
In exceptional circumstances, such as the prevailing situation due to the COVID-19 pandemic, courts may grant bail to accused persons, even in cases involving serious offenses, to ensure their safety....
The principle of parity in bail applications under the SC/ST (Prevention of Atrocities) Act requires that co-accused in similar circumstances should be granted bail unless there are significant disti....
The court established that bail should be granted based on parity with co-accused and the anticipated length of the trial.
The court considered the similarity of allegations with other co-accused persons who had been granted bail and the expected lengthy trial duration as key factors in granting bail to the accused-appel....
The court granted bail to the accused-appellant based on a compromise between the parties, emphasizing that no case was made out for incarceration.
The court granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.
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