Sani Pathan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2144 MP

                                    1                               CRA-2822-2021
        The High Court Of Madhya Pradesh
                   CRA-2822-2021
             (SANI PATHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

6
Gwalior, Dated : 07-06-2021
      Heard through Video Conferencing.
      Shri Abhishek Parashar, learned counsel for the appellant.
      Shri Ravindra Singh Kushwah, learned Dy. Advocate General for the
respondent No.1/State.

State counsel has submitted that the complainant/respondent No.2 has

been informed about the hearing of this criminal appeal.

I.A.No.12868/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 7/4/2021 passed by Special Judge (Atrocities), District Morena (M.P.), whereby the application of the appellant filed under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected.

Appellant apprehends his arrest in connection with Crime No.152/2021

registered at Police Station Joura, District Morena (M.P.) for offences under Sections 323, 294, 336, 506 read with Section 34 of IPC and Sections 3(1) (da), 3(1)(dha) and 3(2)(Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by learned counsel for the appellant- Sani Pathan that the appellant has not committed any offence. He has falsely been implicated in this case. There is no involvement of the present appellant in the case. Only omnibus allegation is made against the appellant. It is further submitted that no case is made out against the appellant under SC/ST Act. Appellant is a reputed citizen of the locality and if he is sent to jail then his social reputation would get diminish. On these grounds, learned counsel for the appellant prayed to grant benefit of anticipatory bail to the appellant or directions be 2 CRA-2822-2021 issued in the light of the decision rendered by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar:[(2014) 8 SCC 273].

Per Contra, learned State Counsel has vehemently opposed the appeal and prayed for its rejection on the ground that the case is of using firearm by the present applicant for extortion of money, therefore, this appeal deserves to be dismissed.

Heard learned counsel for the parties at length and considered the arguments advanced by the them and perused the case diary.

Considering the facts and circumstances of the case, and looking to the gravity of offence, at this stage, this Court is not inclined to grant anticipatory bail or any direction in light of the judgment passed in Arnesh Kumar (Supra) to the appellant. Hence, this first criminal appeal is hereby rejected.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

pwn*

Pawan Kumar 2021.06.07 17:07:41 +05'30'