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HIGH COURT OF JUDICATURE FOR RAJASTHAN
NARENDRA SINGH DHADDHA
VIJAY SINGH SON OF MUKESH KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLAS/2118/2021
COMPROMISE - SC/ST (PREVENTION OF ATROCITIES) ACT - [SECTION 14-A] - Compromise between the parties in a case under the SC/ST (Prevention of Atrocities) Act, 1989 - Court's discretion to allow bail on the basis of compromise.
Fact of the Case:
The appellants were arrested in connection with an FIR registered for offences under Sections 341, 323, 456, 307, 427 of the Indian Penal Code, Sections 3(1) (r)(s), 3(2) (va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 5/27 Arms Act. The parties later arrived at a compromise.
Finding of the Court:
The court allowed the appeal and quashed the order of the lower court denying bail to the appellants. The court directed the release of the appellants on bail on the basis of the compromise between the parties.
Issues: Whether the court can allow bail on the basis of a compromise between the parties in a case under the SC/ST (Prevention of Atrocities) Act, 1989.
Ratio Decidendi: The court held that it would be just and expedient to order the release of the appellants on bail considering the facts and circumstances of the case, including the compromise between the parties.
Final Decision: The appeal was allowed, and the appellants were ordered to be released on bail on furnishing bail bonds.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 2118/2021
1.
Vijay Singh Son Of Mukesh Kumar, Aged About 20 Years,
Resident Of Jaguwas P.s. Behror, District Alwar (Raj)
(Petitioners Are In Judicial Custody At Sub Jail Alwar
District Alwar)
2.
Karmpal Son Of Inder Singh, Aged About 20 Years,
Resident Of Jaguwas P.s. Behror, District Alwar (Raj)
(Petitioners Are In Judicial Custody At Sub Jail Alwar
District Alwar)
----Appellants
Versus
1.
State Of Rajasthan, Through Public Prosecutor
2.
Subhash Son Of Mangal Ram, Resident Of Nangaliya Ki
Dhani, Village Nangaliya, P.s. Behror District Alwar
----Respondents
For Appellant(s)
:
Mr. Pankaj Agarwal, Adv.
For Respondent(s)
:
Mr. Atul Sharma, PP
Mr. Anshul Sharma, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
03/01/2022
1.
The present criminal appeal under Section 14-A of the SC/ST
(Prevention of Atrocities) Act has been filed in connection with FIR
No.843/2021 registered at Police Station Behror, District Police
Bhiwadi, District Alwar for the offences under Sections 341, 323,
456, 307, 427 of Indian Penal Code, Sections 3(1) (r)(s), 3(2)
(va) of the Scheduled Castes & Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and Section 5/27 Arms Act.
2.
Learned counsel for the appellants submits that a
compromise has been arrived between the parties.
(2 of 2)
[CRLAS-2118/2021]
3.
Learned counsel for the complainant does not dispute the
fact of compromise taken between the parties.
4.
Learned Public Prosecutor has opposed the appeal.
5.
Keeping in view the facts and circumstances of the case, it
would be just and expedient to order the release of the appellants
on bail.
6.
This appeal is accordingly allowed and the order dated
15.12.2021 passed by the learned Special Judge SC/ST (POA) Act
Cases, Alwar is quashed and set-aside. It is directed that accused
appellants- Vijay Singh Son Of Mukesh Kumar and Karmpal
Son Of Inder Singh shall be released on bail provided each of
them furnishes a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) together with two sureties in the
sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to
the satisfaction of the learned Trial Court with the stipulation that
they shall appear before that Court and any Court to which the
matter is transferred, on all subsequent dates of hearing and as
and when called upon to do so.
(NARENDRA SINGH DHADDHA),J
Gourav/33
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