Rajasthan High Court - Jodhpur
Harmat Singh vs State on 11 May, 2021
Bench: Manoj Kumar Garg
(1 of 2) [CRLAS-436/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 436/2021
1. Harmat Singh S/o Gulab Singh, Aged About 36 Years,
2. Mahendra Singh S/o Gulab Singh, Aged About 28 Years,
All R/o Paldi Jod, Police Station Sumerpur, Distt. Pali
(Raj.) (The Appellants Are Presently Locked In District Jail
Pali)
----Appellants
Versus
1. State, Through P.p.
2. Alkesh Kumar S/o Prahlad Ram, R/o Akhariya Choak,
Paldi Jod, Tehsil Sumerpur, Distt. Pali (Raj.)
----Respondents
For Appellant(s) : Mr. Vikas Balia, Adv. through VC
For Respondent(s) : Mr. SK Bhati, PP
Mr. Tirupati Chandra, Adv. through VC
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
11/05/2021
Heard the learned counsel for the parties and the learned
Public Prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A (2) of
SC/ST (PA) Act on behalf of the appellants, who are in custody in
connection with FIR No.112/2021, Police Station Sumerpur,
District Pali for the offences under Sections 323, 341, 307, 504,
147 IPC and Sections 3(1)(R), 3(1)(S), 3(2)(VA) of SC/ST
(Prevention of Atrocity) Act against the order dated 16.04.2021
passed by the learned Special Judge, SC/ST (Prevention of
Atrocities), Pali whereby the bail application preferred under
Section 439 Cr.P.C. on behalf of the appellants was rejected.
(2 of 2) [CRLAS-436/2021]
Counsel for the appellants submits that similarly situated co-
accused have already been enlarged on bail and the case of the
present appellants is similar to that of the co-accused. The
appellants are in judicial lock-up. The learned court below has
grossly erred in law and facts as well in declining to release the
appellants on bail. Hence, the benefit of bail should be granted to
the appellants.
Learned Public Prosecutor as well as learned counsel for the
respondent No.2 have vehemently opposed the prayer for bail.
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 16.04.2021 passed by the Special Judge, SC/ST
(Prevention of Atrocities), Pali is set aside. It is ordered that the
accused-appellants (1) Harmat Singh S/o Gulab Singh & (2)
Mahendra Singh S/o Gulab Singh arrested in connection with FIR
No.112/2021, Police Station Sumerpur, District Pali shall be
released on bail; provided they furnish 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 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
89-MS/-
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