Man Singh Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 6142 MP

                        1

            HIGH COURT OF MADHYA PRADESH
                         Cr.A.No.5198/2021
              (Man Singh Jatav Vs. State of M.P.)
Gwalior Bench: Dated:.28.09.2021

       Shri M.S. Yadav, learned counsel for the appellant.

       Shri Lokendra Shrivastava, learned Public Prosecutor for the

respondent/State.

The appellant has filed this criminal appeal under Section

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

Atrocities) Act, 1989 being aggrieved by order dated 03.06.2021,

passed by Special Judge, Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, Shivpuri whereby, bail application

under Section 439 of Cr.P.C. of appellant has been rejected.

Appellant has been arrested on 21.05.2021 by the Police

Station Amola, Shivpuri in connection with Crime No.87/2021,

registered in relation to the offence punishable under Sections

302, 323, 324, 294, 506, 147, 148, 149 IPC and Section 3(2)(v),

3(1)(d), 3(1)(g) and 3(2)(5a) of SC/ST(Prevention of Atrocities)

Act.

It is the submission of counsel for the appellant that

appellant is in confinement since 21.05.2021 and charge-sheet has

already been filed. This is the case of cross FIR whereby on

behalf of appellant's side cross case has been registered vide

crime No.86/2021. On minor pretext, dispute erupted and soon

converted into free fight. Role of present appellant was confined

to inflicting Lathi below to lady Neelam wife of Anant Singh who

sustained minor injuries whereas no fracture has been referred in

medical report. Counsel relied upon the judgments rendered by

the Hon'ble Apex court in the cases of Gajanand Vs. State of

U.P. reported in AIR 1954 SC 695, Munir Khan Vs. State of

U.P. reported in AIR 1971 SC 335 and Puran Vs. State of

Rjasthan reported in AIR 1976 SC 912 to submit that when both

the parties involved in free fight, then individual act is to be seen.

Confinement amounts to pretrial detention. He undertakes to

cooperate in trial/investigation and shall not be a source of

embarrassment and harassment to the complainant party in any

manner. On these grounds, prayer for bail has been made.

Learned counsel for the State opposed the prayer and

prayed for dismissal of the appeal.

Heard learned counsel for the parties at length and

considered the arguments advanced by them.

Considering the submissions and the arguments advanced

by the counsel for the parties, but without expressing any opinion

on merits of the case, I deem it appropriate to allow this appeal

and impugned order dated 03.06.2021 is set-aside in the following

terms. It is hereby directed that appellant shall be released on bail

on furnishings bail bond of Rs.50,000/- (Rupees Fifty Thousand

Only) with one solvent surety of the like amount to the

satisfaction of trial Court.

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 them 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;

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

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

compliance, if possible, from the office of this Court.

Certified copy as per rules/directions.

                                                                                       (Anand Pathak)
                        Ashish*                                                            Judge
ASHISH   Digitally signed by ASHISH
         CHAURASIA
         DN: c=IN, o=HIGH COURT OF
         MADHYA PRADESH BENCH



CHAUR
         GWALIOR, ou=HIGH COURT OF
         MADHYA PRADESH BENCH
         GWALIOR, postalCode=474001,
         st=Madhya Pradesh,
         2.5.4.20=bf81a9adb1da24e4bc7b51



ASIA
         95154c3d4de08c6bb9303e52e2e7e
         728d9bac85bd3, cn=ASHISH
         CHAURASIA
         Date: 2021.09.28 18:45:45 +05'30'