Pushpendra Singh @ Papsa v. State of Rajasthan, Through PP
2019-02-22
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT 1. 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 14.2.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 52/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 361/2018 of Police Station Kudi Bhagtasani, Distt. Jodhpur for the offences punishable under Sections 323, 341, 307, 34, 326 IPC and Section 3(1)(h), 3(1)(s), 3(2)(v), 3(2)(va) of SC/ST Act. 3. Mr. Mohan Singh, appellants father, present in person, has submitted that the allegation against the appellant is to the effect that he inflicted injury by knife on the chest of the complainant, however, there is no allegation that he has repeatedly inflicted injury on the complainant by knife and, therefore, it can be gathered that appellant had no intention to kill the injured. It is also submitted that this is the first offence of the appellant and no criminal case of similar nature is ever filed against the appellant. It is also submitted that the appellant is in custody since 22.10.2018 and charge-sheet has been filed in the matter, therefore, he may be released on bail. 4. Per contra, learned Public Prosecutor as well as complainant present in person have opposed the appeal and it is argued by the complainant that the appellant had inflicted injury by knife on his chest and he was admitted in the hospital, where operation was conducted on him and he remained in the hospital for quite some days. It is also submitted that from the opinion of doctor, it is clear that injury inflicted by the appellant on his chest is grievous in nature and dangerous to life. The complainant has also urged that the appellant is not entitled to be released on bail. 5. Having heard Mr.
It is also submitted that from the opinion of doctor, it is clear that injury inflicted by the appellant on his chest is grievous in nature and dangerous to life. The complainant has also urged that the appellant is not entitled to be released on bail. 5. Having heard Mr. Mohan Singh, appellants father, present in person, learned Public Prosecutor and the complainant and after going through the charge-sheet and also taking into consideration the fact that there is no allegation against the appellant of inflicting repeated injury, 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. 6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 14.2.2019 passed by the trial court in Criminal Misc. (Bail) Case No. 52/2019) is set aside. It is directed that appellant - Pushpendra Singh @ Papsa S/o Mohan Singh shall be released on bail in connection with FIR No. 361/2018 of Police Station Kudi Bhagtasani, Distt. Jodhpur 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.