Rajasthan High Court
Ramawtar S/O Durgalal vs State Of Rajasthan on 12 January, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1003/2020
Ramawtar S/o Durgalal, R/o Retholi Ps Sadar Hindaun Dist.
Karauli Raj.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Sanjay Mehrish through VC
For Complainant(s) : Mr. Kirodee Lal Meena through VC
For State : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
12/01/2021
1. Appellant has preferred this appeal aggrieved by order dated
09.06.2020 passed by Special Judge SC/ST (Prevention of
Atrocities) Act Cases, Karauli (Rajasthan) whereby, bail application
filed by the appellant under Section 438 Cr.P.C. was rejected.
2. F.I.R. No.215/2020 was registered at Police Station Sadar
Hindaun for offence under Sections 143, 323, 341, 430 I.P.C. and
Sections 3(1)(S), 3(2)(va) of SC/ST Act.
3. It is contended by counsel for the appellant that in the F.I.R.,
there is no averment that the offence was committed considering
the complainant as member of the SC/ST community. Complainant
has not even mentioned in the F.I.R., that he belongs to SC/ST
community and thereafter, this offence has been committed with
him. It is contended that in the F.I.R., except for SC/ST offences,
all the offences under the Indian Penal Code are bailable.
(2 of 3) [CRLAS-1003/2020]
Appellant has appeared before the Investigating Officer.
Complainant is not a Government Employee and from bare
reading of the F.I.R., offence under the SC/ST Act is not made out.
4. Counsel for the appellant has placed reliance on "Prathvi
Raj Chauhan vs Union of India Writ Petition (C)
No.1015/2018" decided by the Apex Court on 10.02.2020,
wherein the Apex Court has held that from bare reading of the
F.I.R., offence under the SC/ST Act is not made out. Anticipatory
bail cannot be entertained by the Court. It was observed that the
High Court has to balance the two interests: i.e. that the power is
not so used as to convert the jurisdiction into that under Section
438 of the Criminal Procedure Code, but that it is used sparingly
and such orders made in very exceptional cases where no prima
facie offence is made out as shown in the FIR, and further also
that if such orders are not made in those classes of cases, the
result would inevitably be a miscarriage of justice or abuse of
process of law.
5. It is also contended that a false F.I.R. was lodged against the
complainant, as he was demanding money for giving water to the
villagers.
6. Learned Public Prosecutor and counsel for the complainant
have opposed the appeal. It is contended that in the cross F.I.R.,
Police has submitted negative final report. It is also contended
that police has registered a case under the SC/ST Act and Section
18-A of SC/ST (Prevention of Atrocities) Act, 1989 bars
entertaining of bail application under Section 438 of Cr.P.C.
7. I have considered the contentions.
(3 of 3) [CRLAS-1003/2020]
8. Considering the contentions put forth by counsel for the
appellant, I deem it proper to allow the appeal.
9. The order dated 09.06.2020 is quashed and set aside and
the Criminal Appeal is accordingly allowed. The
S.H.O./I.O./Arresting Authority, Police Station Sadar Hindaun in F.I.R.
No.215/2020 is directed that in the event of arrest of the appellant he
shall be released on bail, provided he furnishes a personal bond
in the sum of Rs.1,00,000/- (Rupees One Lac only) together
with two sureties in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) each to his satisfaction on the following
conditions:-
(I). that the appellant shall make himself available for
interrogation by a police officer as and when required;
(ii). that the appellant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or any police officer, and
(iii). that the appellant shall not leave India without previous
permission of the Court.
(PANKAJ BHANDARI),J
ARTI SHARMA /34
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