Harmat Singh And Anr vs State And Ors

Heard the learned counsel for the parties and the learned Public Prosecutor. Perused the material available on record.

The instant appeal has been filed under Section 14A (2) of SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with FIR

No.112/2021, Police Station Sumerpur, District Pali for the offences under Sections 323, 341, 307, 504, 147 IPC and Sections 3(1)(R), 3(1)(S), 3(2)

(VA) of SC/ST (Prevention of Atrocity) Act against the order dated 16.04.2021 passed by the learned Special Judge, SC/ST (Prevention of

Atrocities), Pali whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

Counsel for the appellants submits that similarly situated co-accused have already been enlarged on bail and the case of the present appellants is

similar to that of the co-accused. The appellants are in judicial lock-up. The learned court below has grossly erred in law and facts as well in declining

to release the appellants on bail. Hence, the benefit of bail should be granted to the appellants.

Learned Public Prosecutor as well as learned counsel for the respondent No.2 have vehemently opposed the prayer for bail.

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 appellants, cannot be sustained and deserves to be set

aside.

Consequently, the instant appeal is allowed. The impugned order dated 16.04.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities), Pali

is set aside. It is ordered that the accused-appellants (1) Harmat Singh S/o Gulab Singh & (2) Mahendra Singh S/o Gulab Singh arrested in connection

with FIR No.112/2021, Police Station Sumerpur, District Pali shall be released on bail; provided they furnish 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.