BHATTARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act of 1989') , are preferred by accused-appellants to question orders dated 16th of February 2018, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases) , Balotra (for short, 'learned trial Court') , rejecting their bail applications. As both these appeals are arising out of common FIR bearing No.436/16, registered at Police Station, Balotra, attributing offences against the appellants punishable under Sections 143, 341, 323, 354A IPC and Section 3(1) (x) of the Act of 1989 with addition of offence under Section 308 IPC in the charge-sheet, both are heard together and disposed of by this common order.

(2.) The fact, in brief, are that complainant lodged FIR against appellants and two others for offence punishable under Sections 143, 341, 323, 354A IPC and Section 3(1) (x) of the Act of 1989. Investigation commenced in the matter and finally police submitted charge-sheet against appellants and other accused persons for the charged offences besides offence under Section 308 IPC.

(3.) At the behest of appellants, an application is submitted before the learned trial Court for grant of bail but the same was declined. Thereupon, both of them preferred a joint appeal bearing No.1533/17 before this Court and the same was rejected on 9th of November, 2017. After rejection of first bail application and the appeal by this Court, trial commenced, and therefore, both the appellants yet again moved before the learned trial Court for grant of bail but their bail plea was declined by the impugned orders of even date.