Gatu Singh S/o Pahad Singh vs The State of Rajasthan

Accused-appellant has laid this appeal under Section 14A of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, ''Act of 1989'') to challenge

impugned order dated 15.07.2017 passed by Special Judge,

Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities Act ),

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

learned trial Court has rejected the bail application of appellant in

respect of FIR No.104/2017 of Police Station Jalore, District Jalore

for offences under Sections 379, 323, 427, 447 IPC and Sections

3(1)(r)(s) and 3(2)(va) of the Act of 1989.

It is submitted by learned counsel for the appellant that

appellant has been falsely implicated in the matter and during

investigation nothing is recovered from him. It is also argued by

learned counsel that learned trial Court has not at all examined

the matter in right perspective, more particularly, the factum of

prima facie involvement of the appellant in commission of offence,

which is conspicuously missing. He, therefore, submits that the

impugned order is liable to be to be set aside and appellant may

be enlarged on bail.

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 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 order dated 15.07.2017 passed by the

learned trial Court rejecting bail plea of the appellant.

Accordingly, the instant appeal is allowed and the impugned

order passed by the 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, Gatu Singh S/o Pahad Singh, arrested in

connection with F.I.R. No.104/2017 Police Station Jalore, District

Jalore, 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.