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KULDEEP MATHUR
Mohammad Aslam @ Salman – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.03/2024, registered at Police Station Suratgarh City, District Sri. Ganganagar, for the offences under Sections 323, 324, 295A and 120B of IPC and Section 3(2) (va) of the SC and ST (Prevention of Atrocities) Act against the order dated 11.03.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Sri. Ganganagar whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
2. Heard learned counsel for the parties at Bar and perused the material available on record.
3. Leaned counsel for the appellant submitted that the co-accused- Mohmmad Mojram @ Samir has already been enlarged on bail by this Court vide order dated 08.04.2024 passed in S.B. Criminal Appeal (SB) No. 226/2024. Learned counsel submitted that the case of the present appellant is not distinguishable from that of the co-accused- Mohmmad Mojram @ Samir who has already been enlarged on bail by this Court. The order dated 08.04.2024 passed by this Court in t
The court ruled that the rejection of bail was unsustainable due to lack of evidence against the appellant and precedence set by the co-accused's bail grant.
The court ruled that prolonged detention without trial is unjustified, especially when co-accused granted bail under similar circumstances.
The court considered the contradictions in the statements of the prosecutrix and the anticipated lengthy trial period as grounds for granting bail to the accused-appellant.
The court established that the rejection of bail must be justified by substantial reasons, particularly when similar cases have resulted in bail being granted.
Absence of direct evidence of mens rea justified granting bail under SC/ST (Prevention of Atrocities) Act.
The principle of parity requires that if co-accused are granted bail, similar treatment should be extended to the appellant unless distinguishable circumstances exist.
The court established that an accused should be granted bail when co-accused in similar circumstances have been released, emphasizing the principle of parity in bail applications.
The court's decision to grant bail was based on the consideration of the entirety of facts and circumstances available on record, highlighting the importance of a thorough review of the case before m....
The court established that the rejection of bail must be justified by substantial reasons, and similar cases should be treated equally under the law.
The court's decision to grant bail was based on the prosecutrix's statement and the length of the trial, highlighting the importance of evidence and the practical considerations of trial duration in ....
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