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Govind Singh vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 12 May 2022 · Citation: (2022) 05 RAJ CK 0041

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(1)(r)(s), 3(2)(va), 14A(2) · Indian Penal Code, 1860 — Section 34, 323, 325, 341, 427, 506 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Appeal No. 560 Of 2022
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Judgment

8 paragraphs · 343 words

Manoj Kumar Garg, J

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.40/2022, Police Station Mohangarh, District Jaisalmer for the offences punishable under Sections 427, 506, 341, 323 & 325/34 of the IPC and Section 3(1)(r) (s)(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 25.04.2022 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Jaisalmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Learned counsel for the appellant submits that the accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

Learned Public Prosecutor has vehemently opposed the prayer for bail.

Heard learned counsel for the appellant and learned Public Prosecutor and also perused the material available on record.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 25.04.2022 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Act Cases), Jaisalmer is set aside. It is ordered that the accused-appellant, Govind Singh S/o Sh. Sanwal Singh arrested in connection with F.I.R. No.40/2022, Police Station Mohangarh,

District Jaisalmer shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- 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.