Shrawan Singh vs State Of Rajasthan And Anr

This criminal appeal 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') has been filed on behalf of the appellant being aggrieved with the order dated 18.03.2021 passed by the Special Judge,

SC/ST (Prevention of Atrocities) Cases, Jaisalmer (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.129/2021 whereby, the

trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.41/2020 of Police Station Sam, District Jaisalmer for the offences punishable under Section 306 of IPC and

under Sections 3(2)(v) of SC/ST Act.

Learned counsel for the appellant has submitted that allegation against the appellant of instigating the deceased to commit suicide is absolutely false. It

is argued that as a matter of fact, the appellant gave loan to the deceased and when the deceased has failed to repay the said loan, the appellant asked

him to repay the same. It is argued that such act of the appellant of demanding repayment of the loan cannot be termed as an action of his part to

instigate the deceased for committing suicide. Learned counsel for the appellant has submitted that after rejection of the first bail application of the

appellant, charge-sheet has been filed. It is further submitted that appellant is in custody since long and trial of the case will take time.

Learned Public Prosecutor as well as counsel for the complainant have opposed the appeal.

Learned counsel for the complainant has submitted that as a matter of fact, though the police have filed charge-sheet against the appellant for the

offences punishable under Sections 306 and 3(2)(v) of SC/ST Act, but it is a case of murder. It is further argued that the offence under Section 3(2)

(v) of the SC/ST Act is punishable with life imprisonment, therefore, the appellant is not entitled to be enlarged on bail.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and

proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 18.03.2021 passed by the Special Judge,

SC/ST (Prevention of Atrocities) Cases, Jaisalmer in Criminal Misc. (Bail) Case No.129/2021 is set aside. It is directed that appellant - Shrawan

Singh S/o Shri Nathu Singh shall be released on bail in connection with FIR No.41/2020 of Police Station Sam, District Jaisalmer provided he 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 his

appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.