Rajasthan High Court - Jodhpur
Kiran Singh vs State on 23 February, 2018
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 269 / 2018
Kiran Singh S/o Takhat Singh, B/c Rajput, R/o Village Uplawas,
Vasda, P.S.-Aburoad Sadar, District Sirohi Raj. (At Present Lodged
At District Jail Sirohi)
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. BS Deora
For Respondent(s) : Mr. KV Vyas, PP
_____________________________________________________
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 23/02/2018 Heard the learned counsel for the appellant 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 appellant, who is in custody in connection with FIR No.261/2017, Police Station Aburoad Sadar, District Sirohi for the offences under Sections 147, 148, 353, 427, 307/149 IPC & Section 3 of PDPP Act & Section 3(1)(r)(S), 3(2) (VA) of SC/ST (Prevention of Atrocity) Act against the order dated 16.02.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that the appellant has falsely been implicated in this case. The accused-appellant is in judicial custody and the trial of the case will take sufficient long (2 of 2) time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor has 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 appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 16.02.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi is set aside. It is ordered that the accused-appellant Kiran Singh S/o Takhat Singh arrested in connection with FIR No.261/2017, Police Station Aburoad Sadar, District Sirohi shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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. Ms/-92