Sanjay Jayaswal vs State, Through Pp

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in

connection with F.I.R. No. 238/2019 Police Station Hanuman Nagar District Bhilwara for the offences under Sections 306, 323 I.P.C. and Section

3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 19.02.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Bhilwara, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

It is submitted by learned counsel for the appellant that the deceased was working at the shop of the present appellant. There was some dispute with

respect to the payment of salary. He further submits that for whatever days the deceased performed the duties, the appellant had paid him the due

salaries. No salary or emoluments were due from the present appellant. Charge-sheet has been filed. The appellant has neither instigated nor abetted

the deceased to commit suicide.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court

is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 19.02.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Bhilwara is set aside. It is ordered that the accused-appellant Sanjay Jayaswal S/o Hari Ram Jayaswal arrested in connection with F.I.R. No.

238/2019 Police Station Hanuman Nagar District Bhilwara 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 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.