Farukh Beg vs The State Of Madhya Pradesh
2021 Latest Caselaw 4005 MP

                                   1                             CRA-4323-2021
        The High Court Of Madhya Pradesh
                   CRA-4323-2021
             (FARUKH BEG Vs THE STATE OF MADHYA PRADESH AND OTHERS)

2
Gwalior, Dated : 05-08-2021
      Heard through Video Conferencing.
      Shri Prabal Pratab Singh Solanki, counsel for the appellant.
      Shri Alok Kumar Sharma, PL for the respondent/State.

Shri Harshvardhan Sisodiya, counsel for the complainant. Heard on I.A.No.22553 of 2021 an application under Section 301 (2)

of Cr.P.C for permission to assist PL in the matter.

For the reasons mentioned therein, the application is allowed and Shri Harshvardhan Sisodiya Advocate is permitted to assist PL in the matter.

Present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the SC/ST Act') being aggrieved by order dated 20.7.2021 passed by the Special Judge (Atrocities), Guna; whereby, bail application u/S.439 Cr.P.C of the appellant has been rejected.

The appellant is in custody since 29.6.2021 in connection with Crime

No.803/2020 at Police Station Aron, District Guna for the offences punishable under Sections 307, 452, 294, 323, 427, 506, 147, 148 and 149 of IPC and Section 3(1)(D), 3(1)(Dha) and 3(2) (va) of the SC/ST Act.

It is submitted by learned counsel for the appellant that appellant has been falsely been implicated in the present case and he has not committed any offence in any manner. There is a cross case registered at Crime No. 804/2020, wherein, the accused party had also sustained injuries. There are five injured in the case and the appellant was said to have armed with farsa. It is alleged that the incident is said to have taken place inside the shop, therefore, the provisions of SC/ST Act are not attracted in the present facts and circumstances of the case. He has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Hitesh Sharma Vs. State of 2 CRA-4323-2021 Uttrakhand passed in Cr.A. No.707/2020 decided on 05.11.2020 wherein, It is held that as if there is a cross case, the individual act is required to be seen and as per prosecution story, act of present applicant does not show that he has inflicted any injury for making out a case under Section 307 of IPC. The appellant was also injured in the incident and there are photographs presented by him on record to show that he had also suffered

grievous injuries in the incident. The appellant is ready to abide by all the terms and conditions as may be imposed by this Court. On these grounds, he prayed for grant of bail to the appellant.

Per contra, learned counsel for the State as well as counsel for the complainant have opposed the bail application stating that there is active participation of the present appellant in commission of the offence. There are five injured in the case. The appellant was said to have armed with farsa and there is recovery of farsa from the present appellant. Co-accused are still absconding in the matter and not cooperating in the investigation. They have prayed for dismissal of the application.

Considering the overall facts and circumstances of the case, this Court does not deem it appropriate to allow this application for grant of bail at this stage.

Accordingly, the present appeal is hereby rejected.

(VISHAL MISHRA) JUDGE

Rks RAM KUMAR SHARMA 2021.08.06 12:26:30 +05'30'