Dhan Singh son of Bhagwan Singh vs State of Rajasthan

Accused-appellant has 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 19.07.2017 passed by Special Court, Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Cases,

Jaisalmer (for short, ''learned trial Court''). By the order impugned,

learned trial Court has rejected the bail application of petitioner

under Section 439 Cr.P.C. in respect of FIR No.14/2017 of Police

Station Khuhadi, District Jaisalmer for offences under Sections 341

and 323 / 34 IPC and Sections 3(1)(r)(s) & 3(2)(va) of the Act of

1989.

Learned counsel for the appellant submits that appellant has

been falsely implicated in the matter and the allegations contained

in the FIR are inherently improbable. Learned counsel for the

appellant further submits that co-accused have already been

granted bail by learned Court below. Lastly, learned counsel has

submitted that all these aspects have not at all been examined by

the learned trial Court while rejecting the bail application of

appellant.

Learned Public Prosecutor has opposed the appeal and

submits that looking to the gravity and magnitude of offences

attributed to the appellant, 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 appellant which is not liable to be tinkered with in

exercise of appellate jurisdiction.

Having heard learned counsel for the parties and taking into

account all the facts and circumstances of the case, I feel

persuaded to set aside the impugned order.

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

appellant is allowed and it is ordered that the accused-appellant,

Dhan Singh S/o Bhagwan Singh, arrested in connection with F.I.R.

No.14/2017 Police Station Khuhadi, District Jaisalmer, may be

released on bail; provided he 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.