JAGJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned Public Prosecutor and counsel for the respondent No.2 and perused the material available on record.

(2.) The instant second criminal appeal has been filed under Sec. 14A of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.311/2020, Police Station Tibbi, District Hanumangarh for the offences under Ss. 302, 307, 323, 34 IPC and Ss. 3/25 and 27 of Arms Act and Ss. 3(1)(S) and 3(2)(V) of SC/ST Act and against the order dtd. 21/8/2023 passed by learned Special Judge SC/ST (Prevention of Atrocity Cases), Hanumangarh whereby the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected. The first appeal was dismissed by this Court vide order dtd. 12/5/2022 with liberty to file afresh after recording the statement of injured witnesses Lovedeep Singh @ Lavi and Angrej Singh.

(3.) It has been submitted on behalf of the appellant that now Lovedeep @ Lavi has been examined as PW-1 and he declared hostile and other witness Angrej Singh has not turn up for his evidence before the trial Court. Counsel further submits that co-accused in this case have already been enlarged on bail by this Court as well as by the learned trial Court. The accused-appellant is in judicial custody since 30/9/2020 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.