Pemp Singh vs State Of Rajasthan And Others

Rameshwar Vyas, J

The instant criminal appeal has been filed under Section 14-A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.30/2022, Police Station Nachna, District Jaisalmer for the offences under Sections 3(1)(r), 3(1)(S) and 3(2)(va) of the Prevention of Atrocities S.C./S.T. Act, against the order dated 08.06.2022 passed by the learned Special Judge (Prevention of Atrocities SC/ST Cases), Jaisalmer, whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

The complainant did not appear despite service of notice is-sued against him.

In view of above, heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

Learned counsel for the appellant submits that as per prosecution case, three persons sustained injuries, out of which, Savai Singh and Jamnaram received simply injury, whereas, one injury received by Jaswant Singh was found to be grievous in nature which is on left hand. It is further submitted that there is no medical information regarding injuries, whether they are dangerous to life. Cross FIR against the complainant party has also been lodged. The appellant is behind the bars since 29.05.2022. The trial of the case will take time to conclude. On the above grounds, learned counsel for the appellant prays that the appeal of the appellant may be allowed and he may also be enlarged on bail.

Learned Public Prosecutor opposes the acceptance of appeal. Having regard to the rival contentions of learned counsel for the parties as well as facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

Consequently, the instant criminal appeal is allowed. The impugned order dated 08.06.2022 passed by the learned Special Judge (Prevention of Atrocities SC/ST Cases), Jaisalmer is set aside. It is ordered that the accused-appellant Pemp Singh S/o Aman Singh arrested in connection with F.I.R. No.30/2022, Police Station Nachna, District Jaisalmer shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.