Pankaj S/o Surendra Kumar 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'') arising out of FIR

No.684/2013 registered at Police Station Sangariya, wherein he is

charged for offence punishable under Sections 341, 323 I.P.C. and

Section 3(1)(x) of the Act of 1989.

Police after investigation has submitted charge-sheet in the

matter and presently trial is going on before Special Judge,

Scheduled Castes and Scheduled Tribes, Prevention of Atrocities

Cases, Hanumangarh (for short, ''learned trial Court'') in Criminal

Case No.559/2017. During trial, appellant was on bail but he could

not appear on 27.06.2014, and therefore, learned trial Court

forfeited his bail bonds. After forfeiting bail bonds of appellant,

learned trial Court made endeavour to summon him by issuing

bailable warrants and ultimately appellant was apprehended in

September, 2017 and remanded to judicial custody. Appellant

made endeavour for seeking bail before learned trial Court but his

prayer was declined by order dated 03.10.2017 which order is

under challenge.

I have heard learned counsel for the appellant as well as

learned Public Prosecutor and perused the impugned order and

other materials available on record.

Having regard to the facts and circumstances of the case and

taking into account the alleged criminal delinquency of the

appellant and a very vital fact that he belongs to lower echelon of

the society, I feel persuaded to take a benevolent view in the

matter.

Accordingly, the instant appeal is allowed, the impugned

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

that accused-appellant, Pankaj S/o Surendra Kumar, arrested in

connection with F.I.R. No.684/2013 Police Station Sangariya, 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.