Vinod Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 8628 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   CRA No.7254/2021
        (VINOD SHARMA VS. STATE OF M.P. & ANR.)


Gwalior, Dated : 10/12/2021

      Shri Atul Gupta, learned counsel for the appellant.

      Shri C.P.Singh, learned counsel for the State.

      None for the respondent No. 2/complainant.

It is submitted by the counsel for the State that the complainant

has been informed about the pendency of this appeal as required

under Section 15-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (in short "Act").

Case diary is available.

This is first appeal has been filed under Section 14-A (2) of the

Act against the order dated 18/11/2021 passed by Special Judge

(Atrocities Act) Bhind, rejecting the bail application.

The appellant has been arrested on 16/11/2021 in connection

with Crime No.21/2021 registered by Police Station Barohi, District

Bhind for offence punishable under Sections 302, 465, 467, 471, 166,

166A, 193, 196, 197, 199, 203, 218 and 201 of IPC and Sections 3(2)

(v) and 3(2)(iv) of the Act.

It is submitted by the counsel for the appellant that according

to the prosecution case, co-accused Lalu Narvariya, Dhaplu @

Omkar Narvariya and Gajendra Narvariya assaulted the deceased

Shyam Lal Jatav and thereafter, took him to the hospital and got him

THE HIGH COURT OF MADHYA PRADESH CRA No.7254/2021 (VINOD SHARMA VS. STATE OF M.P. & ANR.)

admitted in the name of Nathu Ram.

Later on Shyam Lal Jatav died in the hospital and his

cremation was also done in Gwalior. Certain persons including the

wife of Nathu Ram disclosed that the name of the deceased is Nathu

Ram and on the basis of the information given to the appellant, the

death certificate in the name of Nathu Ram was also prepared.

However, before the FIR could be lodged, this fact was detected and

accordingly, on 16/12/2020, the death certificate issued by the

appellant in the name of Nathu Ram was canceled and a fresh death

certificate in the name of Nathu Ram was issued showing that he has

expired on 08/06/2013. It is submitted that the mistake committed by

the appellant was a bonafide one and he had never joined his hands

with the main accused Lalu Narvariya, Dhaplu @ Omkar Narvariya

and Gajendra Narvariya. It is further submitted that co-ordinate

Bench of this Court has already been granted bail to those witnesses,

who had given a false information to the police about the name of the

deceased who died on 29/05/2020. The appellant is in jail from

16/11/2021. The Trial is likely to take sufficiently long time and there

is no possibility of his absconding or tampering with the prosecution

case.

Per contra, the appeal is vehemently opposed by the counsel

THE HIGH COURT OF MADHYA PRADESH CRA No.7254/2021 (VINOD SHARMA VS. STATE OF M.P. & ANR.)

for the State. It is submitted that the only allegation against the

appellant is that he had prepared a false death certificate showing that

Nathu Ram has expired on 20/05/2020 but fairly conceded that the

said certificate was corrected on 08/06/2020 and fresh death

certificate with correct date of death of Nathu Ram i.e. 08/06/2013

was issued.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the appeal is allowed. It is

directed that the appellant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                   (G.S. Ahluwalia)
Pj'S/-                                                                   Judge
     Digitally signed by
     PRINCEE BARAIYA
     Date: 2021.12.10
     14:43:52 -08'00'