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Pramod Kumar And Ors vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 21 May 2021 · Citation: (2021) 05 RAJ CK 0062

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r)(s), 3(2)(V), 3(2)(VA), 14A(2) · Indian Penal Code, 1860 — Section 34, 307, 323, 324, 325, 341 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 241, 293 Of 2021
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Judgment

18 paragraphs · 345 words

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

The instant appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in

connection with F.I.R. No. 253/2020 Police Station Lalgarh Jattan, District Sriganganagar for the offences under Sections 307, 323, 324, 325, 341 and

34 IPC and Section 3(1)(r)(s), 3(2)(V) and 3(2)(VA)SC/ST (Prevention of Atrocities) Act against the order dated 24.02.2021 passed by the Special

Judge, SC/ST (Prevention of Atrocities) Cases, Sriganganagar whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the

appellants were rejected.

Heard. Perused the material available on record. Learned counsel for the appellants submits that that the appeal of the co-accused Sohan Lal has

been allowed by this Court vide order dated 17.05.2021. He further submits that the parties have entered into a compromise.

The fact of compromise is not disputed by the counsel for the complainant.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced as also the

present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the appeals of the

appellants deserve to be allowed.

Consequently, the instant appeals are allowed. The impugned order dated 24.02.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Sriganganagar is set aside. It is ordered that the accused-appellants (1) Pramod Kumar S/o Shri Jasram (2) Bittu S/o Sh. Jeet Singh arrested in

connection with F.I.R. No. 253/2020 Police Station Lalgarh Jattan, District Sriganganagar shall be released on bail; provided they furnish a personal

bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) each and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) each to the

satisfaction of the 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.