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Judgment
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the order under challenge as well as 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 F.I.R. No.219/2016, Police Station Sadar, Sri
Ganganagar for the offences under Sections 420, 467, 468, 471
and 120B IPC and Section 3(1)(v) of the SC/ST (PA) Act against
the order dated 30.1.2017 passed by the Special Judge, SC/ST
(PA) Cases, Sri Ganganagar whereby, the bail application
preferred under Section 438 Cr.P.C. on behalf of the appellant was
rejected.
The appellant is said to be a witness on the alleged
fraudulent sale deed executed by Geeta Devi in favour of Nirmal
Singh. However, the appellant did not identify any wrong person
on the document. Ex-facie, I am of the opinion that the
prosecution of the appellant Bheemsain in this case for the offence
under the SC/ ST Act is questionable. Ex-facie, there is no material
on the record to satisfy the Court that the appellant acted in any
fashion so as to deprive the complainant of her property.
In this background and having regard to the entirety of facts
and circumstances as available on record and upon a consideration
of the arguments advanced at the bar but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the appellant deserves to be extended the benefit of pre-arrest
bail under Section 438 Cr.P.C.
Consequently, the instant appeal is allowed. The impugned
order dated 30.1.2017 passed by the Special Judge, SC/ST (PA)
Cases, Sri Ganganagar is set aside. It is directed that in the event
of arrest of appellant Bheemsain in connection with F.I.R.
No.219/2016, Police Station Sadar, Sri Ganganagar, the appellant
shall be released on bail; provided he furnishes a personal bond in
the sum of Rs.50,000/- along with two sureties of Rs.25,000/-
each to the satisfaction of the concerned Investigating
Officer/S.H.O. 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.