Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 128 (RAJ)

Suresh Kumar v. State of Rajasthan

2023-01-11

VIJAY BISHNOI

body2023
JUDGMENT Vijay Bishnoi, J. - Notices of this appeal have already been served, however, none is appeared on behalf of the respondent No.2. 2. This criminal appeal under Section 14A 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 17.11.2022 passed by the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act Cases, Jalore (hereinafter to be referred as ’trial court’) in Criminal Misc. Bail Application No.286/2022 (CIS No.795/2022), whereby the trial court has dismissed the bail application filed on behalf of the appellant. 3. The appellant has been arrested in FIR No.521/2022 of Police Station Sanchore, District Jalore for the offences punishable under Sections 506, 384 and 306/34 IPC and Sections 3(1)(r)(s) and 3(2)(v)(va) of SC/ST Act. 4. Learned counsel for the appellant has submitted that the actual dispute between the appellant and the deceased was in relation to payment of installments of a motorcycle. It is further submitted that as a matter of fact, the petitioner did not instigate the deceased to commit suicide. 5. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 6. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 7. 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 of SC/ST Act. 8. Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and the order dated 17.11.2022 passed by the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act Cases, Jalore in Criminal Misc. Bail Application No.286/2022 (CIS No.795/2022) is set aside. It is directed that appellant - Suresh Kumar S/o Rughnath Ram shall be released on bail in connection with FIR No.521/2022 of Police Station Sanchore, District Jalore 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.