Jaspreet Singh @ Jassi vs State Of Rajasthan
2021 Latest Caselaw 18454 Raj

(1 of 3) [CRLAS-1074/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1074/2021

1. Jaspreet Singh @ Jassi S/o Shri Baldev Singh, Aged About 22 Years, B/c Jat Sikh, R/o 29 Gb (B), Police Station Sri Vijaynagar. (At Present Lodged In Central Jail, Sri Ganganagar)

2. Sukhvinder Singh @ Kaka S/o Shri Baldev Singh, Aged About 20 Years, B/c Jat Sikh, R/o 29 Gb (B), Police Station Sri Vijaynagar. District Sri Ganganagar (At Present Lodged In Central Jail, Sri Ganganagar)

----Appellants Versus

1. State Of Rajasthan, Through Pp

2. Amit Kumar S/o Shri Ran Singh Dhanak, R/o Bicholiya Mod, Sri Vijaynagar, District Sri Ganganagar.

----Respondents

For Appellant(s) : Mr. Devender Singh Thind. For Respondent(s) : Mr. Mahipal Vishnoi, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

03/12/2021

The instant appeal has been filed under Section 14A SC/ST

(Prevention of Atrocities) Act on behalf of the appellants, who are

in custody in connection with F.I.R. No.224/2021, Police Station

Sri Vijaynagar, District Sri Ganganagar for the offences under

Sections 341, 323, 354, 147, 149 of IPC, Section 3(1)(r) & 3(2)

(va) of SC/ST (Prevention of Atrocities) Act against the order

dated 01.11.2021 passed by the learned Special Judge Scheduled

Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Sri

(2 of 3) [CRLAS-1074/2021]

Ganganagar whereby, the bail application preferred under Section

439 Cr.P.C. on behalf of the appellants was rejected.

Counsel for the appellants appeared and submits that the

injured has already been discharged from the hospital. Accused-

appellants are in judicial custody and the trial of the case will take

sufficient long time to be concluded. Therefore, the benefit of bail

should be granted to the accused-appellants. The learned court

below has grossly erred in law and facts as well in declining to

release the appellants on bail.

Learned Public Prosecutor has opposed the prayer for bail.

Heard learned counsel for the appellants and learned public

prosecutor and also perused the material available on record.

Having regard to the entirety of facts and circumstances as

available on record and upon a consideration of the arguments

advanced at the bar, this Court is of the opinion that the order

rejecting the application for bail filed on behalf of the appellants,

cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned

order dated 01.11.2021 passed by the learned Special Judge

Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act

Cases), Sri Ganganagar is set aside. It is ordered that the accused

appellants (1) Jaspreet Singh @ Jassi S/o Shri Baldev Singh &

(2) Sukhvinder Singh @ Kaka S/o Shri Baldev Singh arrested in

connection with F.I.R. No.224/2021, Police Station Sri Vijaynagar,

District Sri Ganganagar shall be released on bail; provided they

furnishes a personal bond of Rs. 1,00,000/- and two surety bonds

of Rs. 50,000/- each to the satisfaction of the learned trial Court

(3 of 3) [CRLAS-1074/2021]

with the stipulation to appear before that Court on all dates of

hearing and as and when called upon to do so.

(MANOJ KUMAR GARG),J

171. prashant/-

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