Sohan S/o Shri Sayar vs The 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'') to assail impugned order dated 28.08.2017 passed by Special Court, SC/ST (Prevention of Atrocities Cases), Udaipur (for short, "learned trial Court"). By the order impugned, learned trial Court has rejected the bail application of appellant in respect of FIR No.36/2017 of Police Station Sayra, District Udaipur for offences under Sections 143, 149, 341, 323, 324, 427, 392, 308 IPC and Section 4 / 25 of the Arms Act.

Learned counsel for the appellant submits that appellant has been falsely implicated in the matter and the allegations contained in the FIR are inherently improbable. Learned counsel for the appellant further submits that co-accused Kailash, Shravan, Mukesh, Govind and Suresh have been enlarged on bail while considering their bail application No.5445/2017 vide order dated 22.06.2017 and Purna Shaker and Govind have been enlarged on bail while considering their bail application No.4652/2017 vide order dated 01.06.2017 and the case of present petitioner is not distinguishable from the co-accused. Lastly, learned counsel has submitted that all these aspects have not at all been examined by the learned trial Court while rejecting the bail application of appellant.

Learned Public Prosecutor has opposed the appeal and submits that looking to the gravity and magnitude of offences attributed to the appellant, no interference with the impugned order is warranted. Learned Public Prosecutor further submits that the learned trial Court, in its discretion, has declined the prayer for bail to the appellant which is not liable to be tinkered with in exercise of appellate jurisdiction.

Having heard learned counsel for the parties and taking into account all the facts and circumstances of the case, I feel persuaded to set aside the impugned order.

Accordingly, the instant appeal is allowed, the impugned order passed by learned trial Court is set aside and it is ordered that accused-appellant, Sohan S/o Shri Sayar, arrested in connection with F.I.R. No.36/2017 Police Station Sayra, District Udaipur, 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.