Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 63 (RAJ)

Sarwan v. State Of Rajasthan

2022-01-07

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). 2. The instant appeals have 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. 145/2020, Police Station Rajgarh, District Churu for the offences under Sections 147, 148, 149, 212, 302, 307/149, 120 B I.P.C. and Section 27 Indian arms act and Section 3(2)(V) of the SC/ST (Prevention of atrocities) act against the order dated 27.09.2021 & 19.06.2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected. 3. Heard. Perused the material available on record. 4. Learned counsel for the petitioner submits that no overt act has been reported against the appellants and present appellants were not present at the place of incident. Learned counsel further submits that the case of the present appellants are similar to the case of the co-accused Mintu Modasiya @ Bintu Modasiya whose appeal has been allowed by the co-ordinate Bench of this Court on 10.06.2021. Thus, the appeals filed by the appellants deserve to be accepted. 5. Learned Public Prosecutor as well as learned counsel for the complainant oppose the appellant's prayer for release on bail. 6. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the appeals of the appellants deserve to be allowed. 7. Consequently, the instant appeals are allowed. The impugned orders dated 27.09.2021 & 19.06.2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Churu is set aside. 8. It is ordered that the accused-appellants (1) Sarwan S/o Kuldeep (2) Satish Meel @ Kaaliya S/o Rajveer arrested in connection with FIR No. 145/2020, Police Station Rajgarh, District Churu shall be released on bail; provided they furnish a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) each and two sureties of Rs. 8. It is ordered that the accused-appellants (1) Sarwan S/o Kuldeep (2) Satish Meel @ Kaaliya S/o Rajveer arrested in connection with FIR No. 145/2020, Police Station Rajgarh, District Churu shall be released on bail; provided they furnish a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) each and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.