JOGARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') have been filed on behalf of appellant - Jogaram, Jume Khan @ Jamal Deen and Maga Ram being aggrieved with the orders dated 04.09.2019, 21.08.2019 and 03.09.2019 respectively passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Barmer (hereinafter to be referred as 'trial court') in Criminal Misc. Case Nos.281/2019, 259/2019 and 280/2019 respectively whereby the trial court has dismissed the bail applications filed on behalf of the appellants. Aappellant-Jogaram apprehends his arrest whereas appellants-Jume Khan @ Jamal Deen and Maga Ram have been arrested in connection with FIR No.151/2019 of Police Station Shiv, District Barmer for the offence punishable under Section 341, 323, 365, 382, 384, 306/34 IPC and Sections 3(2)(v), 3(2) (va) and 3(I)(2)(v)(vd) of SC/ST Act.

(2.) Learned counsel for the appellants have submitted that the allegations against the appellants of instigating the deceased to commit suicide is absolutely false. It is argued that as a matter of fact the fiance of the deceased came to the village to meet her and the appellants objected the same while saying that it is not proper to meet the engaged couple in public place in the village and on account of that they had some altercation with the fiance of the deceased. Learned counsel for the appellants have submitted that the action of the appellants of objecting the meeting of the deceased and her fiance could not be termed as action of instigating of deceased to commit suicide. It is submitted that appellants - Jume Khan @ Jamal Deen and Maga Ram are in judicial custody and the trial of the case will take time. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in these criminal appeals. Heard learned counsel for the appellants as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

(3.) Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeals filed by the accused appellants under Section 14A(2) of SC/ST Act. Accordingly, these criminal appeals filed under Section 14A(2) of SC/ST Act are allowed and the orders dated 04.09.2019, 21.08.2019 and 03.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Barmer in Criminal Misc. Case Nos.281/2019, 259/2019 and 280/2019 are set aside.