Praveen Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 4881 MP

                                                                       1                              CRA-1890-2021
                                           The High Court Of Madhya Pradesh
                                                      CRA-1890-2021
                                                (PRAVEEN SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                   Indore, Dated : 01-09-2021
                                         Shri A.K. Shukla, learned Sr. Counsel with Shri Rajendra K. Trivedi,

                                   learned counsel for the appellants.
                                         Shri A.S. Sisodia, learned Govt. Advocate for the respondent/State.

Shri Pranay Joshi, learned counsel for the complainant. None for the complainant.

Heard through Video Conferencing.

This is the first criminal appeal under Section 14 A(2) of SC, ST (Prevention of Atrocities) Act read with Section 438 Cr.P.C.for grant of anticipatory bail. The appellants apprehend their arrest in connection with Crime No.98/2021 registered at P.S., Kotwali District Shajapur for offence punishable under Sections 294, 323, 506 of IPC and under Section 3(1)(n)

3(1)(/ks) and 3(2)(5-,) of SC/ST (Prevention of Atrocities) Act.

As per prosecution story, appellant Praveen and his brother Mithun had gone to the District Hospital on the fateful day i.e. 17.02.201 at about

8:30 p.m. Appellants picked up a fight with Civil Surgeon Dr. Shubham Gupta and also assaulted him. Besides they have also damaged the hospital property and chased the present complainant Rakesh Mahewal who is a member of SC community upto his house and also caused injuries with knife on his palm. Accordingly case has been registered against the present appellant.

Learned counsel for the appellants submits that its a case based on false and fabricated story. As a matter of fact, Dr. Shubham Gupta, a Dentist who later become Civil Surgeon is also engaged in the matter of sale and purchase of immovable properties. He had purchased three beegha of land out of 28 beegha held by the appellant and his brother Mithun. While developing the colony over the said land, it appears that Dr. Shubham Gupta Signature Not Verified

had fallen short of some land and, therefore, he contacted the appellants to SAN

Digitally signed by SEHAR HASEEN Date: 2021.09.02 13:16:46 IST 2 CRA-1890-2021 part with some more land facilitating availability of more number of plots. The appellants refused at the first instance. However. Dr. Shubham Gupta pestered appellants time and again and called them at the spot of the land in the evening. It was a well planned conspiracy. No sooner, the appellants reached there, they were attacked by the goons hired by Dr. Shubham Gupta.

Appellant Praveen Sharma was assaulted with sword and iron rods causing injuries on his face and head. Appellant and his brother somehow managed to escape and then immediately rushed to the police station and lodged the FIR registered at Crime Case No. 95/2021 at about 9:30 p.m. at Police Station, Kotwali. Appellants then went to the District Hospital where MLC was conducted and report was also prepared and looking to the condition of the appellant, he has been referred to MY Hospital Indore and thereafter he alongwith his brother went to Bombay Hospital for further treatment. As a sequel to the above mentioned FIR lodged by the appellants, the instant FIR has been registered at Crime Case No. 98/2021 at the same police station Appellants are bonafide residents of Shajapur, If they are subjected to arrest, they shall not only suffer humiliation and mental agony, but also social indignation and embarrassment. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the appellants may be protected against arrest on such terms and conditions this Court deems fit and proper.

Per contra, learned Govt. Advocate opposes the bail application supporting the order impugned. submits that as per prosecution story, appellants had gone to the Civil Hospital. They had assaulted Dr. Gupta and thereafter had also chased the complainant Rakesh upto his house and caused knife injuries on his palm.

Shri Sisodia has not been able to explain the enmity between appellants and Rakesh or any such circumstance, which allegedly prompted them to chase Rakesh upto his house. However, Shri Sisodia does not dispute that Signature Not Verified SAN the complaint lodged by the appellants is registered at Crime No. 95/2021 and

Digitally signed by SEHAR HASEEN Date: 2021.09.02 13:16:46 IST 3 CRA-1890-2021 by the present complainant at Crime No. 98/2021. He also does not dispute about the MLC conducted on the body of the appellants after lodging of the FIR and the injuries suffered by the appellant no.1.

Shri Joshi, learned counsel appearing for the complainant vehemently opposes the application with the submission that appellants have not only assaulted the Government Servant, damaged the public property and the vehicles, but also chased a poor employee belonging to SC community upto his house and caused knife injuries on his palm. Besides, appellants have criminal antecedents. Hence, no case is made out for grant of anticipatory bail.

In rejoinder, learned Sr. counsel for the appellants submits that

allegations of criminal antecedents is factually incorrect. In fact, appellants have been falsely implicated and copies of judgments of acquittal have also been placed on record in three cases.

Upon hearing learned counsel for the parties but without commenting upon contentions without touching merit of the case, regard being had to the fact that appellants have lodged an FIR at earlier point of time at the same police station with the allegations as discussed above and has also undergone medical examination at Civil Hospital and looking to the serious condition, he has been referred to MY Hospital, Indore and in the obtaining facts and circumstances, appellants are held entitled to be protected against arrest.

Accordingly, the instant appeal is allowed and it is directed that in the event of arrest, appellants be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rupees two lakhs only) each with one solvent surety in the like amount each to the satisfaction of the Arresting Authority (Investigation Officer) with following further conditions :-

(i) the appellants shall mark thier presence before the concerned concerned Police Station on 2nd Saturday of every month between 10.00 AM to 12.00 Noon.

(ii) the appellants will abide by the terms and conditions of various Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.09.02 13:16:46 IST 4 CRA-1890-2021 circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to- time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(v) the appellants shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.;

(vi) violation of any of the conditions, State is free to apply for cancellation of bail.

Learned State counsel is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have any bearing on the pending trial.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2021.09.02 13:16:46 IST