Maniram vs The State Of Madhya Pradesh
2021 Latest Caselaw 7417 MP

                                  1          Cr.A. No.6498/2021


            HIGH COURT OF MADHYA PRADESH
            (Maniram Vs. State of M.P. and another)
Gwalior, Dated: 15.11.2021

      Shri S.K. Tiwari, learned counsel for the appellant.

      Ms. Kalpana Parmar, learned PL for the respondent

No.1/State.

The appellant has filed this appeal under Section 14-A(2)

of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the order dated 21-10-2021, passed

by Special Judge, District- Guna, whereby application of

appellant preferred under Section 438 of Cr.P.C. has been

rejected.

Appellant who is 65 years old person is apprehending his

arrest for the offence registered vide Crime No.04/2021 at Police

Station- AJK Guna, District- Guna for the offence punishable

under Sections 294, 323, 506 of IPC and Section 3(1)(d), 3(1)

(dh), 3(2)(va) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

It is the submission of learned counsel for the appellant that

except offence under the Atrocities Act, all other offences are

bailable in nature. Story indicates an improbable event. Even

otherwise, referring a person from his tribe is doubtful at the first

instance, even then it does not constitute offence in specific term

under Atrocities Act. When no offence is made out then

provisions of Atrocities Act do not come to the prejudice of the

appellant regarding anticipatory bail. Confinement may bring

social disrepute and personal inconvenience to him. He relied

upon the judgment of this Court in the matter of Atendra Singh

Rawat Vs. State of Madhya Pradesh and another, 2019 (2)

MPLJ (Cri) 481 to submit that anticipatory bail under the

provision of Atrocities Act is maintainable. Appellant undertakes

to cooperate with the investigation/police/trial Court and would

not be not be a source of embarrassment or harassment to the

complainant in any manner. Under these grounds, he prays for

temporary bail.

Learned Public Prosecutor for the respondent No.1/State

opposed the prayer, but fairly submitted that charge-sheet has

already been filed.

Heard learned counsel for the parties at length and perused

the documents appended thereto.

Considering the submissions advanced by learned counsel

for the parties and the fact that appellant is aged 65 years and

except offence under Atrocities Act, all are bailable in nature, but

without expressing any opinion on merits of the case, I deem it

appropriate to allow this appeal and impugned order dated 21-10-

2021 is set aside. It is hereby directed that in the event of arrest,

the appellant shall be released on bail on furnishing a personal

bond of Rs.50,000/-(Rupees Fifty Thousand only) with one

solvent surety of the like amount to the satisfaction of Arresting

Authority/ Investigating Authority.

This order will remain operative subject to compliance of

the following conditions by the appellant :-

1. The appellant will comply with all the terms and conditions

of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as

the case may be;

3. The appellant will not indulge himself in extending

inducement, threat or promise to any person acquainted

with the facts of the case so as to dissuade him/her from

disclosing such facts to the Court or to the Police Officer,

as the case may be;

4. The appellant shall not commit an offence similar to the

offence of which he is accused;

5. The appellant will not seek unnecessary adjournments

during the trial; and

6. The appellant will not leave India without previous

permission of the trial Court/Investigating Officer, as the

case may be.

Appeal stands disposed of.

Copy of this order be sent to the trial Court concerned for

information and necessary compliance.

Certified copy as per rules.

                                                                     (Anand Pathak)
Anil*                                                                   Judge

Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

ANIL KUMAR PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=8512f40a1a9eaa50b6802d068b51dae27e8 4c266b09d283f0799e67cdc7df50f,

CHAURASIYA pseudonym=F7E569EA2A8955818DF870B0C50764 B46C526E80, serialNumber=EC534CBB3B245F050119F06F4A296 DD83C765A1E2ACC6EC7D8BD8CBCC9C2446E, cn=ANIL KUMAR CHAURASIYA Date: 2021.11.16 06:41:56 -08'00'