PEMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has been arrested in connection with FIR No.168/2015 registered at Police Station Merta, Dist. Nagaur for the offence punishable under Ss. 302, 307, 323, 324, 325, 326, 354, 436, 147, 148 and 149 of IPC and under Sec. 3(1) (S), (10)3(2)(S) of SC/ST Act.

(2.) Learned counsel for the appellant argued that the appellant is behind the bars for last nine years and although the prosecution witnesses have been examined but the trial is still at the stage of examination of defence witnesses. It is submitted that similarly situated co-accused have already been enlarged on bail and recently one of the co-accused has been granted interim bail by the Hon'ble Apex Court for a period of six months during pendency of trial, in the case of Sugna Ram Vs. Union of India &Ors arising out of SLP (Crl.) No. 9540/2023) dtd. 26/2/2024.Since the trial court is likely to take some more time, therefore, it is prayed that the benefit of bail should be granted to the accused appellant.

(3.) Learned Special Public Prosecutor and counsel for the respondent no.2 vehemently opposed the prayer of the appellant and submits that there is no change in circumstance so as to grant benefit of bail to the appellant.