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2019 DIGILAW 1531 (RAJ)

Prem Singh v. State of Rajasthan

2019-05-16

VIJAY BISHNOI

body2019
JUDGMENT : VIJAY BISHNOI, J. 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 appellant being aggrieved with the order dated 27.03.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (hereinafter to be referred as trial court) in Criminal Misc. Bail Application No. 78/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 07/2019 of Police Station Kudi Bhagtasni, District Jodhpur for the offences punishable under Sections 302 and 363/120-B IPC and Section 3(2)(5A) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the deceased was admitted in hospital on 28.12.2018 with the multiple injuries where he died on 06.01.2019 and then only the complaint was filed against the appellant by the complainant while alleging that the appellant informed him on 27.12.2018 that he assaulted the deceased and if he would lodge any complaint against him, he would also assault him. Learned counsel for the appellant has submitted that when the complainant came to know about the fact that the appellant assaulted the deceased on 27.12.2018 then there was no occasion for him to wait till the death of deceased and thereafter to file complaint against the appellant. It is also submitted that no other incriminating evidence was collected by the police during the course of investigation and this Court has allowed the criminal appeal filed by co-accused Smt. Kavita while enlarging her on bail. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 5. Heard learned counsel for the appellant 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 appellant 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 27.03.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur in Criminal Misc. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 27.03.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur in Criminal Misc. Bail Application No. 78/2019 is set aside. It is directed that appellant Prem Singh S/o Tulsi Ram shall be released on bail in connection with FIR No. 07/2019 of Police Station Kudi Bhagtasni, District Jodhpur provided he 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 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.