Kishansingh And Others vs State Of Raj. & Anr

Manoj Kumar Garg, J

Criminal Appeal No. 1653/2022

List the matter after four weeks, as prayed Criminal Appeal (Sb) No. 1588/2022.

The instant appeal has been filed under Section 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with C.R. No.135/2021, Police Station Sandwa, District Churu for the offences punishable under Sections 302 & 120-B of IPC and Sections 3(1)(R)(S) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act against the order dated 21.09.2022 passed by the learned Special Judge, SC/ST Court, Churu, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Earlier appeal filed by the appellant was dismissed vide order dated 13.07.2022 with liberty to file afresh after recording the statement of witness – Ghasi Ram.

Learned counsel for the appellant submits that now witness - Ghasi Ram has been examined as PW.15 before the trial Court and he has been declared hostile. Similarly situated co-accused persons, viz., Mahendra Singh, Narendra Singh @ Lal Singh, Sharwan Singh and Virendra Singh have already been granted bail by this Court and the case of the present appellant is not distinguishable from that of the co-accused. The appellant is in judicial custody and the trial of the case will take sufficiently 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 and counsel for the complainant have opposed the prayer for bail.

Heard learned counsel for the parties 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 21.09.2022 passed by the learned Special Judge, SC/ ST Court, Churu, is set aside. It is ordered that the accused-appellant, Poonam Chand Delu S/o Nanak Ram, arrested in connection with C.R. No.135/2021, Police Station Sandwa, District Churu 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.