Satveer Singh @ Satyaveer vs State Of Rajasthan

This appeal has been filed by the appellant under Section 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 19.05.2020, passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Bikaner in Criminal Misc. Case No.211/2020 (CIS No.638/2020), pertaining to FIR No.27/2020 registered at Police Station Chhatargarh, District Bikaner for the offences under Sections 341, 323, 302 and 506/34 IPC readwith Sections 3(1)(r)(s), 3(2)(v) of SC/ST (Prevention of Atrocities) Act, whereby his bail application under Section 439 of the Cr.P.C. has been rejected.

Inviting Court's attention towards the statement of complainant - Om Prakash (husband of deceased Kalawati), Mr. Gautam submits that in his statement dated 21.02.2020, he has not attributed any 'Lathi' blow on any vital part of his wife, whereafter he had improved his version, after the death of Kalawati and in his statement of 23.02.2020, he said that the present petitioner caused injuries to his wife also, to which she succumbed.

Learned counsel for the appellant invited Court's attention towards the injury report so also postmortem report and submitted that no grievous external injury has been shown to have been inflicted upon Kalawati and thus, case under Section 302 IPC against the appellant is not made out.

Learned counsel further argues that the complainant party, as a matter of fact, were aggressors and the minor injury, which was sustained by deceased - Kalawati on her toe, as a result of mutual scuffle, cannot be a cause of her death. She died her own death, was Mr. Gautam's contention.

Mr. Khan, learned PP, however, opposed the appellant's prayer for release on bail.

Having regard to the facts and circumstances of the case and considering the submissions noted above, however, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

Consequently, the appeal is allowed. The order dated dated 19.05.2020, passed by the learned Special Judge is set aside. Consequent thereof, the bail application filed by the appellant under Section 439 Cr.P.C. before the learned Trial Court is allowed. The appellant Satveer Singh @ Satyaveer @ Fauji S/o Shri Shri Ramji Lal, arrested in FIR No.27/2020 Police Station Chhatargarh, District Bikaner shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the appellant shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 26 th June, 2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the appellant about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

Appellant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.