Madhya Pradesh High Court
Sohanlal Bhurji vs The State Of Madhya Pradesh on 23 December, 2021
Author: Purushaindra Kumar Kaurav
1 CRA-7186-2021
The High Court Of Madhya Pradesh
CRA No. 7186 of 2021
(SOHANLAL BHURJI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 23-12-2021
Shri Madan Singh, learned counsel for the appellant.
Shri Amit Garg, learned Panel Lawyer for the respondent No.1/State.
Shri Manoj Kumar Mishra, learned counsel for the respondent
No.2/complainant.
Heard.
This is the first Criminal Appeal filed on behalf of the appellant under
Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989. The appellant apprehends his arrested in connection
with Crime No.79/2021 registered at Police Station Goyera, District
Chhatarpur (M.P.) for the offences punishable under Sections294, 506 of the
I.P.C. and under Sections 3(1)(da), 3(1)(dha), 3(2) and 3(2)(v-a) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It is alleged against the appellant that he has abused one Kusma, wife of
the complainant, who was working as a Safai Karmi in Govt. Middle School,
Goyera. The complainant has made a written complaint stating therein that
his wife has not been paid remuneration for the last 18 months and when she
raised her grievance before the present appellant, he abused and insulted her
by caste.
Learned counsel for the appellant submits that the appellant is innocent
and has falsely been implicated. He has not abused the complainant or his
wife by her caste and the allegations have been exaggerated so as to attract
the provisions of S.C, S.T. (Prevention of Atrocities) Act 1989 (for brevity,
'Act of 1989'). He has relied upon the judgments passed in Prathvi Raj
Chauhan vs. Union of India, (2020) 4 SCC 727, Hitesh Verma v. The
State of Uttarakhand & Anr. in Criminal Appeal No.707/2020, CRA
No.9974/2019 (Imran Siddiqui v. The State of Madhya Pradesh), &
Signature
SAN
Verified
Not CRA No.2717/2020 (Shobhit Verma v. The State of Madhya Pradesh
Digitally signed by
priyanka pithawe
mishra
Date: 2021.12.23
17:35:53 IST
2 CRA-7186-2021
and others).
I have perused the case diary and also heard the learned counsel for the
parties.
Without expressing any opinion on the merits of the case and taking
into consideration the material available on record, prima-facie, it is found
that the provisions of the Act of 1989 are not attracted and therefore, the bar
under Section 18-A(2) of the Act of 1989 would not come in the way.
Accordingly, the appeal of the present appellant filed under Section 14-
A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 is allowed. It is directed that in the event of arrest the appellant-
Sohanlal Bhurji be released on anticipatory bail on his furnishing a personal
bond in the sum of bond in the sum of Rs.30,000/- (Rs. Thirty Thousand)
with one surety of the like amount to the satisfaction of the arresting officer
for his appearance before the Investigating Officer during the course of
investigation as and when directed. The conditions enumerated under Section
438(2) of Cr.P.C. shall also be applicable on the appellant.
The prosecution is at liberty to apply for cancellation of bail in case of
breach of any of the aforesaid condition or breach of bail bond.
Accordingly, the appeal is allowed and disposed of.
C.C. as per rules.
(PURUSHAINDRA KUMAR KAURAV)
V. JUDGE
Priya.P
Signature
SAN Not
Verified
Digitally signed by
priyanka pithawe
mishra
Date: 2021.12.23
17:35:53 IST
