Madhya Pradesh High Court
Ramkishore Gurjar vs The State Of Madhya Pradesh on 23 November, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6759/2021
Ramkishore Gurjar Vs. State of M.P. and another
Gwalior, Dated:23-11-2021
Shri Sushil Goswami, Counsel for the appellant.
Shri Rinkesh Goyal, Counsel for the respondent No.1/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 appeal has been filed under Section 14-A (2) of the Act
against the order dated 6/7/2020 passed by Special Judge (Atrocities
Act) Gwalior, rejecting the bail application.
The appellant has been arrested on 30/6/2020 in connection
with Crime No.50/2020 registered by Police Station Bijoli, Distt.
Gwalior for offence punishable under Sections 306, 34 of IPC and
Sections 3(2)(v) of the Act.
It is submitted by the counsel for the appellant that the co-
accused Vinod Yadav has been granted bail on the ground of period
of custody. The appellant is also in jail from 30/6/2020 and he was
never released on temporary parole in the wake of covid-19
pandemic. It is submitted that the appellant and the other co-accused
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6759/2021
Ramkishore Gurjar Vs. State of M.P. and another
persons were demanding exorbitant interest from the deceased, as a
result, he committed suicide. The trial is likely to take sufficiently
long time and there is no possibility of his absconding or tampering
with prosecution case.
Per contra, the appeal is vehemently opposed by the counsel
for the State.
Considering period of detention, this Court is of the considered
opinion that the appellant can be released on bail and accordingly,
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 Only)
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.
Before releasing the appellant on bail, the Trial Court shall
verify as to whether the appellant was ever released on temporary
parole or not. If it is found that in the wake of first or second wave of
covid-19 pandemic the appellant was ever released on temporary
parole, then this order shall automatically lose its effect and the Court
below shall not be under obligation to release the appellant on bail.
This order shall remain effective till the end of trial but in case
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.6759/2021
Ramkishore Gurjar Vs. State of M.P. and another
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)
Judge
Arun*
ARUN KUMAR MISHRA
2021.11.24 17:48:16 +05'30'
