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2019 DIGILAW 134 (RAJ)

Gurdas Singh v. State of Rajasthan

2019-01-10

VIJAY BISHNOI

body2019
JUDGMENT 1. 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 10.12.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Hanumangarh (hereinafter to be referred as trial court) in Misc. Criminal Case No. 451/2018 C.I.S. No. 348/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No. 314/2018 of Police Station Tibbi, District Hanumangarh for the offences punishable under Sections 302 and 34 of IPC and Section 3(2)(V) of SC/ST Act. 3. Learned counsel for the appellants has submitted that in the charge-sheet, the police have concluded that as a matter of fact the deceased illegally entered into the house of the appellant No. 1 and tried to assault him then the appellant No. 1 in his defence inflicted lathi blow thereafter the deceased tired to assault the appellant No. 2, who also assaulted him in defence. It is further argued that the police have also concluded that one Jagseer Singh informed the complainant about the action of the deceased of entering into the house of the accused persons illegally but the complainant refused to intervene while saying that it is daily affairs of the deceased and he is not going to interfere then the police was informed and they took away the deceased from the house of the appellants. Learned counsel for the appellants has submitted that as a matter of fact there was no intention of the appellants to commit murder of the deceased. It is further submitted that the charge-sheet has already been filed and the trial of the case will take time. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal. 5. Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record. 6. 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. 7. 6. 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. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 10.12.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Hanumangarh in Misc. Criminal Case No. 451/2018 C.I.S. No. 348/2018 is set aside. It is directed that appellants - (1) Gurdas Singh S/o Hari Singh and (2) Kulwant Singh S/o Gurdas Singh shall be released on bail in connection with FIR No. 314/2018 of Police Station Tibbi, District Hanumangarh provided each of them executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- 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.