Jabar Singh vs State Of Rajasthan And Ors

Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur shall be only through video conferencing.

The instant appeals have been filed under Section 14-A(2) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act on behalf of the appellants, who are in judicial custody in connection with F.I.R. No. 65/2020, Police Station Ramdevra, District Jaisalmer, registered for the offences punishable under Sections 447, 427, 143, 323 & 306 of the Indian Penal Code and Sections 3(1)(g), 3(1)(r) & 3(1)(y) of the SC/ST (Prevention of Atrocities) Act against the order dated 19.09.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jaisalmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

Heard learned counsel for the appellants appearing through video calling as well as learned counsel for the complainants also appearing through video calling and the learned Public Prosecutor, present-in-person. Perused the material available on record.

Learned counsel for the appellants appearing through video calling stated that for similar allegations, benefit of bail has already been granted by the coordinate Bench of this Court to the co-accused persons, namely, Samundar Singh and Madhoo Singh, after a detailed discussion, therefore, benefit of bail may be granted to the accused-appellants.

After service of notice, learned counsel Mr. Surya Prakash Sharma and Mr. Bhima Ram puts in appearance on behalf of the complainants, appeared and heard today through video calling.

Per contra, learned Public Prosecutor has opposed the bail prayer of the accused-appellants and stated that looking to the facts and circumstances of the case, benefit of bail should not be granted to the present accused-appellants.

Similarly, on the other hand, learned counsel appearing through video calling on behalf of the complainants have also opposed the bail prayer of the appellants and stated that the petitioner Jabar Singh (Appeal No. 885/2020) is the main accused; that as per FIR and Parcha Bayan, it transpired that the accused Jabar Singh is responsible for suicide committed by the deceased.

Having given a thoughtful consideration to the submissions advanced on behalf of the parties and having scanned through the material available on record and further having regard to the facts and circumstances of the case, particularly to the facts that as per the FIR and the Parcha Bayan, allegations are similar against all the accused; that after a detailed discussion, the benefit of bail has been granted by the coordinate Bench of this Court to the co- accused persons, namely, Samundar Singh S/o Babu Singh and Madhoo Singh S/o Sohan Singh, vide order dated 06.10.2020 made in S.B. Criminal Appeal No. 857/2020; and that further trial will take sufficiently long time, therefore, without expressing any opinion on the merits of the case, at this stage, this Court is of the opinion that the present appeals deserve to be allowed and the appellants deserve to be enlarged on bail.

Consequently, both the appeals are allowed. The impugned orders dated 19.09.2020 passed by the Special Judge, SC/ST Act Cases, Jaisalmer are set aside. It is ordered that the accused- appellants (1) Jabar Singh S/o Kan Singh (Appeal No. 885/2020) and (2) Tejaram S/o Durgaram (Appeal No. 886/2020), both arrested in connection with FIR No.65/2020, Police Station Ramdevra, District Jaisalmer, shall be released on bail provided each of them furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.