High CourtsSingle Bench

Gurdeep Singh vs State, Through Pp

Rajasthan High Court · Decided on 17 April 2020 · Citation: (2020) 04 RAJ CK 0020

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(1)(S), 14, 14A · Indian Penal Code, 1860 — Section 323, 326, 341, 447 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 396 Of 2020
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Judgment

17 paragraphs · 314 words

Defects pointed out by the office are waived.

The instant appeal has been filed under Section 14/14A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR

No.607/2019, Police Station Sangaria, District Hanumangarh for the offences under Sections 341, 323, 447, 326 IPC and Section 3(1)(S) of SC/ST

(Prevention of Atrocity) Act, against the order dated 24.03.2020 passed by the learned Special Judge, SC/ST Cases, Hanumangarh whereby the bail

application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-

19).

Learned AAG appearing for the State has opposed the prayer for bail made in the appeal.

I have heard learned AAG and gone through the case file as well as material available on record.

Having regard to the entirety of facts and circumstances as available on record and considering the facts that the accusedappellant is in judicial

custody since long and the trial of the case will take sufficient long time to be concluded, therefore 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 24.03.2020 passed by the learned Special Judge, SC/ST Cases, Hanumangarh

is set aside and it is ordered that the accused-appellant Gurdeep Singh S/o Mukhtiyar Singh arrested in connection with FIR No.607/2019, Police

Station Sangaria, District Hanumangarh 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.