UMA SHANKER VYAS
Surendra Gocher @ Surendra Chabdi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Mr. Uma Shanker Vyas, J. - These present criminal appeals under Section 14A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989") have been filed in connection with FIR No.73/2024 registered at Police Station Sarolakala, District Jhalawar for the offence under Section(s) 341, 323, 504, 506, 457, 436 & 34 of IPC & under Section(s) 3-1(r)(s) 3-2(iii)(iv)(v)(va) of the Act of 1989 qua accused-appellants in S.B. Criminal Appeal (Sb) No. 1080/2024 and under Section(s) 436, 457, 341, 323, 504, 506 & 34 of IPC & 3-1(r)(s) 3-2(va) of the Act 1989 qua accused-appellant in S.B. Criminal Appeal (Sb) No. 1287/2024.
2. It is contended by learned counsel for appellants that appellants are innocent and have falsely been implicated in these cases. He further submits that accused-appellants have been in judicial custody since long and the conclusion of the trial will take long time, hence prays for their release on bail.
3. Learned Public Prosecutor as well as the learned counsel for complainant(s) have opposed these appeals.
4. Taking into consideration the overall facts and circumstances of these cases, but without expressing any
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 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)....
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 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'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.
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....
Bail can be granted under the SC/ST (Prevention of Atrocities) Act based on the absence of prior criminal records and the circumstances surrounding the case, without prejudicing the merits of the cas....
The court's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
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