Wasim Khan 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 11.09.2017 passed by Additional Sessions Judge & Special Judge, Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities Cases), Pratapgarh (for short, ''learned trial Court'') rejecting his bail application under Section 439 Cr.P.C. in respec of FIR No.40/2008 of Police Station Pratapgarh. At present, trial in Sessions Case No.06/2010 is under progress before the learned trial Court for offences punishable under Sections 143, 307, 365, 384 IPC.

It is argued by learned counsel for the appellant that investigation in the matter has been completed and most of the witnesses have been examined. It is also submitted by learned counsel that there is no evidence against the appellant that in the commission of offence he fired at victim using fire arm. Learned counsel has further submitted that co-accused who is charged for using fire arm has already been enlarged on bail by this Court.

Learned Public Prosecutor has opposed the appeal and submits that learned trial Court in its discretion has rejected the appeal, therefore, no interference is called for.

I have heard learned counsel for the parties, perused the impugned order and other materials available on record.

Having regard to the facts and circumstances of the case, learned trial Court erred in declining bail of the appellant, therefore, while refraining to make any comment on merits 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 at naught and it is ordered that accused-appellant, Wasim Khan S/o Makhnat Khan, arrested in connection with F.I.R. No.40/2008 Police Station Pratapgarh, 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.