Deepak Tomar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6092 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     Cr.A.4877/2021
           Deepak Tomar v. State of M.P and Anr.


Gwalior, Dated : 27.9.2021

      Shri Rajeev Shrivastava, Counsel for the applicant through

video conferencing.

      Shri G.P. Chaurasiya, Counsel for the 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 fourth criminal appeal under Section 14-A (2) of the Act

has been filed for grant of bail. Previous criminal appeal was

dismissed by order dated 7.6.2021 passed in Cr.A. No. 2970/2021.

The appellant has been arrested in connection with Crime

No.337/2020 registered by Police Station Hajira Distt. Gwalior for

offence punishable under Sections 363, 376 of IPC and under

Section 3/ 4 of Protection of Children from Sexual Offence Act, and

under Section 3 (1) (w) (ii), 3 (2) (v) of Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities), Act, 1989.

In the light of the judgment passed by the Division Bench of

this Court in the case of Pramod v. State of M.P in Criminal Appeal

No. 5189/2020 passed on 22.4.2021, the appeal under Section 14-A

THE HIGH COURT OF MADHYA PRADESH Cr.A.4877/2021 Deepak Tomar v. State of M.P and Anr.

of Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities), Act, 1989 is not maintainable and infact the application

under Section 439 of Cr.P.C should have been filed.

A verbal prayer is made by the Counsel for the applicant that

in view of the judicial pronouncement, this Criminal Appeal may be

converted into an application under Section 439 of Cr.P.C.

Considering the fact that in view of judgment passed by the

Division Bench in the case of Pramod (supra), the application under

Section 439 of Cr.P.C is maintainable instead of Criminal Appeal

under Section 14-A of Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities), Act, 1989, therefore the verbal prayer

made by the Counsel for the appellant is hereby accepted.

Office is directed to register this case as bail application under

Section 439 of Cr.P.C and list this case in the next week.

With aforesaid observations, this Criminal Appeal is finally

disposed of.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

RAHMAN st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc2 6d2b510cc133f1b56faa63e77b, cn=ABDUR RAHMAN Date: 2021.09.27 17:05:44 -07'00'