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2017 DIGILAW 2427 (RAJ)

Sukhdev Singh @ Sonu S/o Shri Gurbachhan Singh v. State of Rajasthan

2017-11-06

P.K.LOHRA

body2017
ORDER : P.K. LOHRA, J. Accused-appellant has laid this appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘Act of 1989’) to assail impugned order dated 20.09.2017 passed by Special Judge, SC/ST (Prevention of Atrocities Cases), Sri. Ganganagar (for short, ‘learned trial Court’) rejecting his bail application under Section 439 Cr.P.C. 2. The facts, in brief, are that Police recorded Parcha Bayan of complainant Angrez Singh on 05.08.2016 and thereupon FIR No. 183/2016 was lodged against appellant and four others at Jetsar, District Sri. Ganganagar for offence punishable under Sections 302/34, 341, 323/34, 427/34, 120-B IPC and Section 3(2)(v) of the Act of 1989. Police after investigation has submitted charge-sheet and presently trial is going on in Sessions Case No. 68/16 before learned trial Court. 3. Assailing the impugned order, it is argued by learned counsel for the appellant that learned trial Court had misread the statement of complainant recorded during trial and therefore impugned order is per se vulnerable. It is also submitted by learned counsel for the appellant that in fact complainant himself has retracted from his earlier version by turning hostile. Learned counsel has further submitted that a cumulative reading of statement of complainant Angrejz Singh makes it crystal clear that he has not even named the appellant for commission of offence. 4. Per contra, learned Public Prosecutor has opposed the appeal with full gusto. It is argued by learned Public Prosecutor that learned trial Court in its discretion has declined bail to the appellant and therefore the said order is not liable to be tinkered with in exercise of appellate jurisdiction. 5. I have bestowed my consideration to the arguments advanced at the Bar, perused the impugned order as well as materials available on record and the statement of complainant recorded during trial. 6. Upon consideration of the materials available on record, more particularly, the statement of complainant, in my considered opinion, learned trial Court has erred in declining bail to the appellant. 7. Accordingly, the instant appeal is allowed, the impugned order passed by learned trial Court is set at naught and it is ordered that accused-appellant, Sukhdev Singh @ Sonu S/o Shri Gurbachhan Singh, arrested in connection with F.I.R. No. 183/2016 Police Station Jetsar, District Sri. Ganganagar, may be released on bail; provided he furnishes a personal bond of Rs. 7. Accordingly, the instant appeal is allowed, the impugned order passed by learned trial Court is set at naught and it is ordered that accused-appellant, Sukhdev Singh @ Sonu S/o Shri Gurbachhan Singh, arrested in connection with F.I.R. No. 183/2016 Police Station Jetsar, District Sri. Ganganagar, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of 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.