High CourtsSingle Bench

Ummeda Ram And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 29 August 2019 · Citation: (2019) 08 RAJ CK 0168

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(R), 14A(2) · Indian Penal Code, 1860 — Section 34, 323, 341, 452
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 1168 Of 2019
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Judgment

7 paragraphs · 379 words

This criminal appeal under Section 14A(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 appellants being aggrieved with the order dated 20.08.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Case No.531/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellants.

The appellants have been arrested in FIR No.170/2016 of Police Station Rani, District Pali for the offences punishable under Sections 341, 452 and 323/34 IPC and Section 3(1)(R) of SC/ST Act.

Learned counsel for the appellants has submitted that due to unavoidable circumstances, the appellants could not attend the hearings before the trial court. It is submitted that the appellants will attend all the hearings before the trial court regularly in future.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal.

Heard learned counsel for the appellants 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 accused appellants 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 20.08.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali in Criminal Misc. Bail Case No.531/2019 is set aside. It is directed that appellants (1) Ummeda Ram S/o Naina Ram, (2) Kumari Champa D/o Ummeda Ram, (3) Smt. Kanya W/o Ummeda Ram and (4) Kumari Indra D/o Ummeda Ram shall be released on bail in connection with FIR No.170/2016 of Police Station Rani, District Pali provided each of them executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent local sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.