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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Dharmendra Kumar – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The instant appeal has been filed under Section 14A (2) of SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who is in custody in connection with FIR No.304/2019, Police Station Khajuwala, for the offences under Sections 302, 307, 325, 323 , 341 & 34 of IPC and under Section 3(2)(V) of SC/ST Act and against the order dated 30.07.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities) Cases, District Bikaner whereby the bail application preferred under Section 439 Cr.P.C. (483 BNSS) on behalf of the appellants was rejected.
2. It has been submitted on behalf of the appellants that on previous occasion this Court has ordered the trial Court to expedite the trial and out of total 29 witnesses only 14 prosecution witnesses have been examined so far. It is also submitted that as per the progress report, in which the trial Court has also mentioned that the prosecution witnesses deliberately did not come for their evidence. The accused-appellants are in judicial custody since 21.12.2019 and 20.11.2019 and they are in custody from last more than five years and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit
Prolonged custody without trial completion justifies granting bail, emphasizing the presumption of innocence.
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.
Bail can be granted based on parity with co-accused and the absence of evidence justifying continued detention, emphasizing the need for expeditious trial.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, warranting bail when trial delays are significant.
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
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 principle of parity requires that if co-accused are granted bail, similar treatment should be extended to the appellant unless distinguishable circumstances exist.
Prolonged custody without trial can unjustly punish an accused, warranting bail under the presumption of innocence.
The right to a speedy trial under Article 21 is fundamental, and prolonged custody without trial violates this right.
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