Supreme CourtFull Bench

Manish Solanki @ Bansi vs State Of Rajasthan

Supreme Court Of India · Decided on 24 January 2019 · Citation: (2019) 4 SCC 340 : (2019) 1 Scale 696 : (2019) 2 SCC(Cri) 282 : (2019) 3 Cricc 198

HON’BLE JUDGES
Ranjan Gogoi, CJ · L. Nageswara Rao, J · Sanjiv Khanna, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 323, 365, 394 · Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(d), 3(2)(va)
RESULT
Disposed Off
CASE NUMBER
Criminal Appeal No(S). 137 Of 2019
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Judgment

7 paragraphs · 209 words
1.

None has appeared on behalf of the respondent State in spite of due service of notice.

We have heard the learned counsel for the petitioner.

2.

Leave granted.

3.

We have perused the First Information Report as well as the charge-sheet filed. The accused appellant is in custody since 27th September, 2017. Further custody of the accused will come in the way of the conduct of the trial that will have to be held against him.

4.

Taking into account the totality of the facts of the case and the period of custody suffered by the accused appellant, we are of the view that the accused appellant ought to be released on bail. Therefore, the appellant is ordered to be released on bail to the satisfaction of the learned trial Court in connection with FIR No.216/2017 dated 18th September, 2017 under Section 365, 394, 323, 120-B IPC and Section 3(1)(d), 3(2) (va) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered with Police Station Shastri Nagar, Jodhpur.

5.

The learned trial Court is free to impose appropriate condition(s) as it deems fit.

6.

Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.