Malkeet Singh S/o Sh. Tara Singh vs State of Rajasthan

Accused-appellant has laid this appeal under Section 14A(2)

of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail impugned

order dated 18.09.2017 passed by Special Judge, Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities),

Hanumangarh (for short, ''learned trial Court'') rejecting his post-

arrest bail application.

The facts apposite for the purpose of this appeal are that

complainant Sunderpal lodged FIR No.120/2017 of Police Station

Sadar against main accused Mahendra and six others including the

appellant castigated them for offences under Sections 302, 447,

143 IPC & Section 27 of the Arms Act.

After completion of investigation, Police submitted charge-

sheet in the matter and presently trial is under progress before

learned trial Court.

Assailing the impugned order, it is argued by learned counsel

for the appellant that learned trial Court has not examined the

matter in its entirety including the alleged inculpatory evidence

against the appellant. Learned counsel has further submitted that

essentially allegations of causing death of Ram Kumar (deceased)

by use of firearm is attributed to main accused Mahendra.

Learned counsel has further submitted that during investigation

firearm is also recovered from co-accused Mahendra and no

incriminating material is recovered from the appellant. It is

further submitted by learned counsel that simple allegation

against the appellant is that he was present at the scene of

occurrence accompanying the main accused but no specific overt-

act in the scuffle is attributed to him. It is in that background,

learned counsel has argued that impugned order be annulled and

appellant may be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the appeal

with full vehemence. It is submitted by learned Public Prosecutor

that a discretionary order passed by the learned trial Court is not

liable to be tinkered with in exercise of appellate jurisdiction.

I have bestowed my consideration to the arguments

advanced at the Bar, perused the impugned order and the other

materials available on record.

Having regard to the facts and circumstances of the case, I

feel persuaded to set aside the impugned order.

Accordingly, the instant appeal is allowed, the impugned

order passed by learned trial Court is set aside and it is ordered

that accused-appellant, Malkeet Singh S/o Sh. Tara Singh,

arrested in connection with F.I.R. No.120/2017, Police Station

Sadar, District Hanumangarh, may be released on bail; provided

he furnishes a personal bond of Rs.50,000/- with two surety

bonds of Rs.25,000/- each to the satisfaction of 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.