Mangu Singh vs State Of Rajasthan

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be

referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 05.03.2019 passed by the Special

Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Merta (hereinafter to be referred as ‘trial court’) in Criminal

Misc. Case No.79/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.162/2016 of Police Station Thanwla, District Nagaur for the offences punishable under Sections 452, 302,

307, 323, 324 and 325/34 IPC and Section 3(1)(2)(V) SC/ST Act.

Learned counsel for the appellant has submitted that the allegation against the appellant is to the effect that he along with his son Lal Singh assaulted

deceased Habudi and on account of that she died.

Learned counsel for the appellant has argued that as a matter of fact son of appellant Lal Singh is mentally ill and he started quarreling with the

deceased and at that time the appellant tried to intervene but his mentally ill son Lal Singh agitated and assaulted the deceased on her head with the

sharp edged weapon. Learned counsel for the appellant has submitted that the so called eye witness of the prosecution has alleged that co-accused

Lal Singh and petitioner-Mangu Singh assaulted the deceased and it is also alleged that co-accused Lal Singh was armed with a sharp edged weapon

whereas petitioner-Mangu Singh was armed with Lathi, however, from the postmortem report as well as the statements of doctor PW-10 Dr. Abid

Husain, it is clear that there are four injuries on the body of the deceased and out of those injuries three injuries are from sharp edged weapon and one

is abression. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case though he tried to save the life

of deceased. It is also submitted that the statements of as many as 12 prosecution witnesses have been examined, however, the mental condition of

son of petitioner viz. Lal Singhj, who is also lodged with the petitioner in jail, is deteriorated and he was sent to the hospital and still he is there and for

this reason trial is held up.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and

proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 05.03.2019 passed by the Special Judge,

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Merta in Criminal Misc. Case No.79/2019 is set aside. It is directed that

appellant - Mangu Singh S/o Raj Singh shall be released on bail in connection with FIR No.162/2016 of Police Station Thanwla, District Nagaur

provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned

trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.