Pathai Khan And Ors vs State Of Rajasthan

These criminal appeals under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') have been filed on behalf of the appellants being aggrieved with the orders dated 22.11.2018 and 15.1.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer (hereinafter to be referred as 'trial court') in Criminal Misc. Case Nos.397/2018 and 14/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellants.

The appellants have been arrested in FIR/CR No.71/2018 of Police Station Ramsar, Distt. Barmer for the offences punishable under Sections 147, 148, 149, 323, 342, 302/120-B IPC and Section 3(2)(5) of the SC/ST Act.

Learned counsel for the appellants has submitted that the allegation against the appellants is to the effect that they assaulted deceased - Kheta Ram in the agricultural field of Asiyat wife of Mahabu along with co-accused persons. It is argued that in the charge-sheet, the police have concluded that when co-accused Amar son of Vali saw Kheta Ram in the house of Nihali @ Dhani in the night of 20th July, 2018, Kheta Ram ran away from there, then, co-accused Amar son of Vali chased and after caught hold of him took him to the residence of Nihali @ Dhani, where, the appellants along with the said co-accused persons assaulted him and tied his hands and legs. The police thereafter have concluded that after some time, Kheta Ram rescued himself and ran away from the spot, then, co-accused Amar son of Vali chased him and when he found him near the 'dhani' of Bachal Khan, he strangulated him. It is further submitted that as per the charge-sheet, the allegation against the appellants is only to the effect that they assaulted the deceased along with other co-accused persons and the allegation of causing death by strangulation is against co-accused Amar son of Vali. Learned counsel for the appellants has further submitted that the police have found the charge against the appellants for the offence punishable under Section 302/120-B IPC and found the charge of offence punishable under Section 302 IPC against co-accused Amar son of Vali. It is, therefore, prayed that in view of the conclusions arrived at by the police in the charge-sheet, the appellants may be enlarged on bail.

Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the prayer made on behalf of the appellants and submitted that the eye witnesses namely Heera Ram S/o Chatra, Gordhan Ram son of Chima Ram and Gomad Ram son of Chima Ram had specifically stated that the appellants were involved in assaulting the deceased and as per the post-mortem report, the cause of death of the deceased was strangulation as well as multiple injuries. It is also argued by learned Public Prosecutor as well as learned counsel for the complainant that two sticks (lathis) were also recovered at the instance of the appellants and taking into consideration the above piece of evidence, it is clear that the appellants had assaulted deceased Kheta Ram, on account of which, he died.

Having heard learned counsel for the parties and after going through the charge-sheet, without expressing any opinion on the merits of the case, I deem it just and proper to allow these appeals filed by the appellants under Section 14-A(2) of SC/ST Act.

Accordingly, these criminal appeals filed under Section 14-A(2) of SC/ST Act are allowed and the orders dated 22.11.2018 and 15.1.2019 passed by the trial court in Criminal Misc. Case Nos.397/2018 and 14/2019 are set aside. It is directed that appellants - (1) Pathai Khan S/o Bhakhar Khan and (2) Anwar Khan S/o Saleh Mohammad shall be released on bail in connection with FIR/CR No.71/2018 of Police Station Ramsar, Distt. Barmer provided each of them executes a personal bond in the 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.