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Judgment
Accused-appellants have laid this appeal under Section 14A
(2) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail impugned
order dated 12.07.2017 passed by Special Court, Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Cases,
Bhilwara (for short, ''learned trial Court''). By the order impugned,
learned trial Court has rejected bail application of the petitioners.
The fact apposite of this appeal are that complainant
submitted a written report before the Police Station Baneda,
District Bhilwara which was registered as FIR No.75/2017 alleging
offences under Sections 143, 148, 149, 341, 452, 323, 325 & 307
IPC and Section 3(2)(v) of the Act of 1989. Investigation in the
matter is still in vogue.
It is submitted by learned counsel for the appellants that FIR
was lodged after delay of two days and there are omnibus
allegations against the appellants of causing injury to the victim.
Learned counsel further submits that as per injury report, only
one injury received by the victim is reported to be grievous in
nature but not dangerous to life and therefore, prima facie,
offence under Section 307 IPC is not made out.
Learned Public Prosecutor has opposed the appeal and
submits that looking to the gravity and magnitude of offences
attributed to the appellants, no interference with the impugned
order is warranted. Learned Public Prosecutor further submits that
the learned trial Court, in its discretion, has declined the prayer
for bail to the appellants which is not liable to be tinkered with in
exercise of appellate jurisdiction.
I have heard learned counsel for the appellants as well as
learned Public Prosecutor and upon perusal of the impugned order
and the case diary, in my opinion, learned trial Court has not
examined the matter in right perspective while considering bail
application of the appellants.
Accordingly, the instant appeal is allowed and the impugned
order passed by learned trial Court is set aside. As a consequence
of setting aside of the impugned order, the bail application of the
appellants is allowed and it is ordered that accused-appellant, (1)
Bhairulal S/o Sh. Kana @ Ana @ Khanji Gurjar, (2) Mahadev S/o
Sh. Sabla Gurjar, (3) Mishrilal S/o Sh. Urjan Ji Gurjar, (4) Panna
S/o Sh. Urjan Ji Gujar, and (5) Kundanlal S/o Sawatalal Gurjar,
arrested in connection with F.I.R. No.75/2017 Police Station
Baneda, District Bhilwara, may be released on bail; provided each
of them furnishes a personal bond of Rs.50,000/- with two surety
bonds of Rs.25,000/- each to the satisfaction of the learned trial
court with the stipulation to appear before that Court on all dates
of hearing and as and when called upon to do so.