Shiva Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 6742 MP

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             THE HIGH COURT OF MADHYA PRADESH
                        CRA No.6235/2021
               Shiva Kushwah vs. State of M.P. & Anr.

Gwalior, Dated : 23.10.2021

      Shri Pawan Kumar, Counsel for the appellant.

      Shri     Rajeev   Upadhyay,    Public    Prosecutor    for    the

respondent/State.

None for the 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.

Case Diary is available.

This fifth Criminal Appeal for grant of bail has been filed under

Section 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities), Act, 1989 against the order dated 3.5.2021 passed by

Special Judge (Atrocities), Gwalior by which the application filed by

the appellant for grant of bail has been rejected. The fourth criminal

appeal was dismissed as withdrawn by order dated 28.9.2021 passed in

CRA No.5228/2021.

The appellant has been arrested on 19.4.2021 in connection with

Crime No.90/2021 registered at Police Station Girwai, District Gwalior

for offence punishable under Section 323, 324, 294, 506, 427, 34, 147,

149, 307 of IPC and under Section 3(1)(r)(s) and 3(2)(v) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

THE HIGH COURT OF MADHYA PRADESH CRA No.6235/2021 Shiva Kushwah vs. State of M.P. & Anr.

It is submitted by the counsel for the appellant that the appellant

is in jail for the lat six months and the only allegation against him is that

he had assaulted on the head of the complainant by a brick causing

depressed fracture.

However, It is submitted by Shri Upadhyay that the appellant has

criminal history and three more criminal cases have been registered

against him including offence under Sections 354, 354(Gha), 323, 452

of IPC and under Section 7/8 of the POCSO Act as well as under

Sections 366, 376 of IPC and under Section 3/4 of the POCSO Act.

In reply, it is submitted by the counsel for the appellant that so far

as the offence under Section 376 of IPC is concerned, he has already

been acquitted and he has filed the copy of the judgment. However, he

expresses that he has no knowledge about the outcome of the offence

registered under Sections 354, 354(Gha), 323, 452 of IPC and under

Section 7/8 of the POCSO Act. Accordingly, the counsel for the

applicant seeks permission of this Court to withdraw this application

with liberty to revive along with the judgment or order sheets to show

the status of the offence which was registered under Sections 354,

354(Gha), 323, 452 of IPC and under Section 7/8 of the POCSO Act.

With aforesaid liberty, the application is dismissed as withdrawn.

                                                                    (G.S. Ahluwalia)
 (alok)                                                                  Judge



ALOK KUMAR
2021.10.23 17:43:17 +05'30'