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Judgment
Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur shall be only through video conferencing.
The instant appeal has been filed under Section 14-A(2) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act on behalf of the appellants, who are in judicial custody in connection with F.I.R. No. 92/2020, Police Station Nagori Gate, District Jodhpur Metropolitan, registered for the offences punishable under Sections 323/34, 392 & 354 of the Indian Penal Code and Sections 3(1)(r)(s) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 21.08.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur Metropolitan whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.
Heard learned counsel for the appellants appearing through video calling and the learned Government Advocate-cum- Additional Advocate General assisted by Mr. Purohit and the learned Public Prosecutor, present-in-person. Perused the material available on record.
Learned counsel for the appellants appearing through video calling stated he does not want to press this appeal qua the appellant No. 1 - Jakhir @ Monu @ Monia @ Moien Khan @ Bhapu S/o Kadir Khan with a liberty for the appellant to file fresh appeal after filing of the charge-sheet.
Learned counsel for the appellants further prayed that the benefit of bail may be granted to the appellants No. 2 and 3. Learned counsel for the appellants stated that these appellants are behind the bars since last four months; that no recovery or investigation is pending against these appellants; and that further investigation and trial will take time, therefore, benefit of bail may be granted to the accused-appellants No. 2 and 3.
As per the learned GA-cum-AAG, even after service of notice, nobody is present on behalf of the complainant.
Per contra, learned GA-cum-AAG and the learned Public Prosecutor opposed the bail prayer of the accused-appellants and stated that four-four each other cases are pending against the appellants No. 2 and 3.
Having regard to the facts and circumstances of the case, particularly to the facts that the appellants are behind the bars since last four months; that except the offence punishable under the provisions of the SC/ST Act, remaining offences are triable by the First Class Magistrate; and that further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits of the case, this Court is of the opinion that the present appeal deserves to be allowed qua the appellants No. 2 and 3 and these appellants deserve to be enlarged on bail.
Consequently, the present appeal qua appellant No.1 - Jakhir @ Monu @ Monia @ Moien Khan @ Bhapu S/o Kadir Khanboth is dismissed as not pressed with liberty as prayed for and the appeal is allowed qua the appellants No. 2 and 3. The impugned order dated 21.08.2020 passed by the Special Judge, SC/ST Act Cases, Jodhpur Metropolitan is set aside and it is ordered that the accused-appellants No. (2) Mohsin @ Sharukh @ Naina S/o Abdul Latif and (3) Irfan Khan @ Tismar Khan S/o Abdul Shakur Khan, both arrested in connection with F.I.R. No. 92/2020, Police Station Nagori Gate, District Jodhpur Metropolitan, shall be released on bail provided each of them furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.