Harmandeep Singh Barad And Others vs State And Others

Vinit Kumar Mathur, J

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

Learned Public Prosecutor submits that the fact of the pendency of the present appeals has been informed to the respondent No.2. The report to that

effect has been filed before this Court and the same is taken on record. Thus, the service of notice upon respondent No.2 is complete.

S.B. Criminal Appeal No. 71/2022

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

connection with FIR No. 117/2021, Police Station Sri Ganganagar Sadar, District Sri Ganganagar for the offences under Sections 302, 341, 323 & 34

of I.P.C. and under Section 3(2)(v)(va of the SC/ST (Prevention of Atrocities) Act against the order dated 28.07.2021 passed by the learned Special

Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the

appellant was rejected.

Heard. Perused the material available on record.

Learned counsel for the appellant submits that there was exchange of pelting of stones between the parties and one of those stones hit the deceased

Rajendra Singh causing his death. She further submits that there was no intention on the part of the appellant to cause fatal injuries as the incident

occurred in the heat of passion, on a trivial issue of some accident. She submits that co-accused Vijay has been enlarged on bail by the learned trial

court vide order dated 25.01.2022 and co-accused Babu Singh has been enalarged on bail by this Court vide order dated 14.01.2022. She, therefore,

prays that the appeal of the appellant may kindly be allowed.

Learned Public Prosecutor opposes the appeal.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court

is of the opinion that appeal of the appellant deserves to be allowed.

Consequently, the instant appeal is allowed. The impugned order dated 28.07.2021 passed by the learned Special Judge, SC/ ST (Prevention of

Atrocities) Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Harmandeep Singh Barad S/o Sh. Angrez Singh arrested in

connection with FIR No. 117/2021, Police Station Sri Ganganagar Sadar, District Sri Ganganagar shall be released on bail; provided he furnishes a

personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.

S.B. Criminal Appeal No. 72/2022

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

connection with FIR No. 117/2021, Police Station Sadar, District Sriganganagar for the offences under Sections 302, 341, 323 & 34 of I.P.C. and

under Sections 3(2)(v) 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 06.10.2021 passed by the learned Special Judge,

SC/ ST (Prevention of Atrocities) Cases, Sriganganagar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant

was rejected.

Heard. Perused the material available on record.

Learned counsel for the appellant submits that there was exchange of pelting of stones between the parties and one of those stones hit the deceased

Rajendra Singh causing his death. He further submits that there was no intention on the part of the appellant to cause fatal injuries as the incident

occurred in the heat of passion, on a trivial issue of some accident. He submits that co-accused Vijay has been enlarged on bail by the learned trial

court vide order dated 25.01.2022 and co-accused Babu Singh has been enalarged on bail by this Court vide order dated 14.01.2022. He, therefore,

prays that the appeal of the appellant may kindly be allowed.

Learned Public Prosecutor opposes the appeal.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court

is of the opinion that appeal of the appellant deserves to be allowed. Consequently, the instant appeal is allowed. The impugned order dated 06.10.2021

passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Cases, Sriganganagar is set aside. It is ordered that the accused-appellant

Sonu Sharma S/o Sh. Prem Singh arrested in connection with FIR No. 117/2021, Police Station Sadar, District Sriganganagar shall be released on bail;

provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand

Only) 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.