(1.) The instant appeal has been filed under Sec. 14A SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.135/2021, P.S. Sadar Pali, District Pali, for the offence under Sec. 307/34 of IPC and Sec. 3(2)(V) of S.C./S.T. Act against the order dtd. 25/8/2021 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Pali, District Pali, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.
(2.) Counsel for the appellant submits that compromise has arrived at between the parties. Counsel further submits that injured has already been discharged from the hospital. Challan of the case has already been presented. Accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.
(3.) Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for bail.