Mohammed Shakil And Ors 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 appellants being aggrieved with the order dated 21.01.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Application No.24/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellants.

The appellants have been arrested in FIR No.170/2018 of Police Station Nagori Gate, District Jodhpur for the offences punishable under Sections 341, 323, 336, 325 and 354(Kh)/34 IPC and Sections 3, 3(1)(R)(S)(W) and 3(2)(5A) of SC/ST Act.

Learned counsel for the appellants has submitted that after rejection of first bail application of the appellants by the trial court, charge-sheet has been filed.

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

Heard learned counsel for the appellants 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 appellants 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 21.01.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. Bail Application No.24/2019 is set aside. It is directed that appellants (1) Mohammed Shakil S/o Abdul Sattar and (2) Abdul Manan S/o Abdul Sattar shall be released on bail in connection with FIR No.170/2018 of Police Station Nagori Gate, District Jodhpur provided each of them 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.