Pankaj S/o Surendra Kumar vs State of Rajasthan

Accused-appellant has laid this appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ''Act of 1989'') arising out of FIR No.684/2013 registered at Police Station Sangariya, wherein he is charged for offence punishable under Sections 341, 323 I.P.C. and Section 3(1)(x) of the Act of 1989.

Police after investigation has submitted charge-sheet in the matter and presently trial is going on before Special Judge, Scheduled Castes and Scheduled Tribes, Prevention of Atrocities Cases, Hanumangarh (for short, "learned trial Court") in Criminal Case No.559/2017. During trial, appellant was on bail but he could not appear on 27.06.2014, and therefore, learned trial Court forfeited his bail bonds. After forfeiting bail bonds of appellant, learned trial Court made endeavour to summon him by issuing bailable warrants and ultimately appellant was apprehended in September, 2017 and remanded to judicial custody. Appellant made endeavour for seeking bail before learned trial Court but his prayer was declined by order dated 03.10.2017 which order is under challenge.

I have heard learned counsel for the appellant as well as learned Public Prosecutor and perused the impugned order and other materials available on record.

Having regard to the facts and circumstances of the case and taking into account the alleged criminal delinquency of the appellant and a very vital fact that he belongs to lower echelon of the society, I feel persuaded to take a benevolent view in the matter.

Accordingly, the instant appeal is allowed, the impugned order passed by learned trial Court is set aside and it is ordered that accused-appellant, Pankaj S/o Surendra Kumar, arrested in connection with F.I.R. No.684/2013 Police Station Sangariya, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of 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.