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2021 DIGILAW 1677 (RAJ)

Khet Singh v. State of Rajasthan

2021-09-09

DEVENDRA KACHHAWAHA

body2021
ORDER 1. All these three criminal appeals have been filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act on behalf of the accused-appellants, who are in judicial custody in connection with F.I.R. No. 69/2021, Police Station Binjrad, District Barmer, registered for the offences under Sections 147, 148, 149, 341, 323, 324, 308, 325 of the Indian Penal Code and Sections 3(l)(r)(s) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the impugned orders dated 13.08.2021, 16.08.2021 and 04.08.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Barmer whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected. 2. Heard learned counsel appearing on behalf of the accused-appellants, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant. Perused the material available on record. 3. Learned counsel for the appellants stated that having regard to the facts and circumstances of the present case, he does not to press the appeal (No. 782/2021) qua appellant No.1 Khet Singh S/o Poonam Singh because admittedly, the weapon (axe/iron rod) used in the incident has been recovered from his possession. Similarly, learned counsel for the appellants also does not want to press the appeal (No. 783/2021) qua appellant No.1 Balwant Singh S/o Hukam Singh, as from his possession also, weapon (axe/iron rod) used in the incident has been recovered from his possession. 4. Accordingly, in view of the above statement of the learned counsel for the appellants, Criminal Appeal (No. 782/2021) upto the extent of appellant No.1 Khet Singh S/o Poonam Singh is dismissed as not pressed. Similarly, Criminal Appeal (No. 783/2021) upto the extent of appellant No.l Balwant Singh S/o Hukam Singh is also dismissed as not pressed. 5. Learned counsel for the appellants, while arguing the respective appeals on behalf of the remaining appellants, stated that none of the injuries found on the body of the injured have been attributed to the present accused-appellants; that no recovery has been made from the present accused-appellants; that no specific allegation has been levelled against any of the remaining accused-appellants; and that the further trial will take time. With these submissions, learned counsel for the appellants pray that the benefit of bail may be granted to the accused-appellants by allowing their respective appeals. 6. With these submissions, learned counsel for the appellants pray that the benefit of bail may be granted to the accused-appellants by allowing their respective appeals. 6. Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently and fervently opposed the present criminal appeals and prayer of bail made on behalf of the accused-appellants and stated that in the present case, one 'Lathi' used during the scuffle has been recovered from the accused Lakh Singh @ Pap Singh @ Gud Singh S/o Loon Singh but both the learned counsel are not in a position to controvert this fact that no specific allegation has been made against any of the appellants. 7. Having regard to the totality of facts and circumstances of the present case, particularly looking to the facts that no recovery or investigation is pending against the accused-appellants; that none of the injuries found on the body of the injured have been attributed to any of the accused-appellants; and that the trial will take sufficiently long time, therefore, this Court is of the opinion that the appeals deserve to be allowed and the appellants deserve to be enlarged on bail. 8. Consequently, the instant appeals are allowed. The impugned orders dated 13.08.2021, 16.08.2021 and 04.08.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Barmer are set aside. It is ordered that the accused-appellants, (2) Lakh Singh @ Pap Singh @ Gud Singh S/o Loon Singh, (3) Lal Singh S/o Peerdan Singh and (4) Chatar Singh S/o Satidan Singh (CRLAS No. 782/2021), (1) Sona Ram S/o Mala Ram and (2) Mohan Ram S/o Mala Ram (CRLAS No. 706/2021) and (2) Takhat Singh S/o Swamp Singh, (3) Bhag Singh S/o Raju Singh and (4) Hamira Ram S/o Sindhal Ram (CRLAS No. 783/2021), all arrested in connection with F.I.R. No. 69/2021, Police Station Binjrad, District Barmer, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.