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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Rajkumar Rohira – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Criminal Appeal No. 12693 of 2022
Decided On : 04-01-2023
Bail - SC/ST Act - The court granted bail to the appellant based on the principle of parity with the co-accused who had been granted bail earlier.
Fact of the Case:
The appellant filed an appeal for bail under the SC/ST Act for offences under IPC and SC/ST Act.
Finding of the Court:
The court allowed the application for bail based on the principle of parity with the co-accused who had been granted bail earlier.
Issues: Grant of bail under the SC/ST Act for offences under IPC and SC/ST Act.
Ratio Decidendi: The principle of parity with a co-accused who had been granted bail earlier influenced the court's decision to grant bail to the appellant.
Final Decision: The appellant was granted bail upon furnishing a personal bond and surety to the satisfaction of the trial court.
JUDGMENT
Atul Sreedharan, J. - This appeal under Section 14-A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the SC/ST Act") has been filed for grant of bail to appellant - Rajkumar Rohira, who has been arrested in connection with Crime No.524/2022 for the offences punishable under Sections 376, 294 of IPC and Sections 3(1)(d), 3(1)(dha), 3(1)(w)(ii), 3(2)(v), 3(2)(va) of the SC/ST Act registered at Police Station Madhoganj, District Gwalior.
2. At the very outset, learned counsel for the appellant has placed before this Court the order dated 02/01/2023 passed in Criminal Appeal No.11821/2022, by which the co-accused Darshanlal Rohira was granted the benefit of bail by this Court.
3. The case of the appellant being identical, on the ground of parity, the present application is allowed. It is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court.
C.C. As per rules.
The principle of parity with a co-accused can be a relevant factor in granting bail.
The main legal point established in the judgment is the consideration of the facts and circumstances of the case and the period of incarceration already undergone by the appellant in granting bail.
The court has the discretion to allow an appeal under Section 14-A(2) of SC/ ST Act and grant bail to the accused, considering the totality of the facts and circumstances of the case.
The court has the discretion to allow bail under Section 14-A of the SC/ST Act based on the totality of the facts and circumstances of the case.
The court's decision was influenced by the interpretation of the bail provisions under the SC/ST Act and the consideration of the circumstances and arguments presented.
The court's decision was based on the interpretation of Section 14-A of the SC/ST Act in allowing the appeal and granting bail to the appellant.
The compromise between the parties and the acquittal from certain charges can be considered as changed circumstances warranting bail, and the court may impose specific conditions for the release of t....
The court's decision was based on the interpretation of Section 14-A(2) of the SC/ST Act, considering the totality of the facts and circumstances of the case.
The court has the discretion to set aside the rejection of a bail application if it deems that the circumstances warrant the release of the accused on bail.
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