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2020 DIGILAW 384 (RAJ)

Prem Singh v. State of Rajasthan

2020-02-18

VINIT KUMAR MATHUR

body2020
JUDGMENT 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.07/2019, Police Station Kudi Bhagtasani, District Jodhpur City for the offences under Section 302 of the I.P.C. and Section 3(2)(V) of the SC/ST Act, 1989 (Amended 2015) against the order dated 12.02.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected. 2. Heard. Perused the material available on record. 3. It is submitted on behalf of the appellants that the appellants are facing trial for the aforesaid offences. They were granted bail earlier but they failed to appear before the trial court on the date fixed for their appearance, therefore, they jumped the bail. The appellants are ready to submit their bail bonds and shall continue to appear before the trial court on each and every date of hearing fixed by the trial court and shall not jump the bail again. 4. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellants deserve to be enlarged on bail. 5. Consequently, the instant appeal is allowed. The impugned order dated 12.02.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellants (1) Prem Singh S/o Sh. Tulsi Ram, & (2) Kavita W/o Prem Singh arrested in connection with FIR No.07/2019, Police Station Kudi Bhagtasani, District Jodhpur City shall be released on bail; provided each of them furnishes a personal bond for a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs. 25000/- (Rupees: Twenty Five Thousand Only) 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. The appellants are also required to comply with the order passed under Section 446 Cr.P.C.