Rajendra Singh @ Rajan Singh ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 4426 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     CRA-4737-2021
(RAJENDRA SINGH @ RAJAN SINGH KUSHWAH Vs THE STATE OF MADHYA PRADESH AND
                                ANOTHER)


Gwalior, Dated : 17-08-2021

      Shri Ankur Maheshwari, counsel for appellant.

      Shri Nitin Goyal, counsel for State.

      This first Criminal Appeal for grant of bail has been filed under

Section 14 A (2) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities), Act, 1989 against the order dated

20.07.2021

passed by Special Judge (POCSO Act), Guna by which the

application filed by the appellant for grant of bail has been rejected.

The appellant has been arrested on 16.05.2021 in connection

with Crime No.130/2021 registered at Police Station Kumbharaj,

District Guna for offence punishable under Sections 376, 506 of IPC

and under Section 3 (2) (v), 3 (i) (w) (ii) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities), Act and Section ¾ of

POCSO Act.

The Office has listed this case on the question of maintainability

of this criminal appeal under section 14-A (2) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by counsel for the appellant that in view of the

order dated 22.04.2021 passed by the Division Bench of this Court at

Principal Seat Jabalpur in Cr.A. No.5189/2020 (Pramod Yadav Vs.

State of M.P.), the application under Section 439 of Cr.P.C would be

maintainable in place of this appeal under Section 14-A (2) of the

THE HIGH COURT OF MADHYA PRADESH CRA-4737-2021 (RAJENDRA SINGH @ RAJAN SINGH KUSHWAH Vs THE STATE OF MADHYA PRADESH AND ANOTHER)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

Act. Accordingly, he seeks permission to file an application for

conversion of this appeal into an application under section 439 Cr.P.C

Since the prayer is based on the judgment passed by the

Division Bench of this Court, therefore, this Court is of the considered

opinion that the present appeal can be permitted to be converted into

an application under Section 439 Cr.P.C.

Accordingly, Office is directed to register this case as an

application under Section 439 Cr.P.C.

With aforesaid observation, the present criminal appeal is

finally disposed of.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.08.17 18:19:39 +05'30'