Arjun vs The State Of Madhya Pradesh
2022 Latest Caselaw 17144 MP

                                                               1
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                               ON THE 29 th OF DECEMBER, 2022
                                              CRIMINAL APPEAL No. 12153 of 2022

                            BETWEEN:-
                            ARJUN S/O MANGU SINGH, AGED 40 YEARS,
                            OCCUPATION: AGRICULTURIST GRAM DHULET TEHSIL
                            MAHIDPUR DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                          .....APPELLANT
                            (BY SHRI JITENDRA SHARMA, ADVOCATE)

                            AND
                            1.    THE STATE OF MADHYA PRADESH STATION
                                  HOUSE OFFICER THROUGH POLICE STATION
                                  MAHIDPUR   DISTRICT UJJAIN  (MADHYA
                                  PRADESH)

                            2.    AMRITDAS   S/O   BHERUDAS   OCCUPATION:
                                  AGRICULTURIST   GRAM   DHULET    TEHSIL
                                  MAHIDPUR    DISTRICT  UJJAIN   (MADHYA
                                  PRADESH)

                                                                                .....RESPONDENTS/STATE
                            (BY SHRI RAJESH JOSHI, GOVT. ADVOCATE)

                                  This appeal coming on for judgments this day, Hon'ble Shri Justice
                            Satyendra Kumar Singh passed the following:
                                                             JUDGEMENT

Heard with the aid of case diary.

This criminal appeal under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act has been filed against the order dated 06.12.2022 passed by the Special Judge, Ujjain in Special Case No.210/2022, whereby appellants' application for regular bail has been dismissed.

Signature Not Verified Appellant is in custody since 03.10.2022 in connection with Crime Signed by: SHAILESH PATIL Signing time: 12/29/2022 5:33:44 PM

No.382/2022, registered at Police Station Mehidpur, District Ujjain (MP) for commission of offence punishable under Sections 307, 452, 323, 294, 506, 325, 147, 148 and 149 of IPC alongwith 3(1)(r), 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

Prosecution story, in brief, is that appellant alongwith other co-accused persons, knowing the fact that complainants Kailash Bai and Laadkunwar Bai are members of SC/ST community, armed with deadly weapon entered into their house, abused, threatened, assaulted and caused grievous injuries to them. They also abused them by calling on their caste.

Learned counsel for the appellant submits that admittedly, all the injuries

found on the body of the complainants Kailash Bai and Laadkunwar Bai were caused by hard an blunt object. As per prosecution case itself, appellant was not having any deadly weapon at the time of incident and he assaulted the complainants with kicks and fist. Appellant is in custody since 03.10.2022. Co-accused Bhola has already been enlarged on bail vide order dated 02.12.2022 passed by this Court in CRA No.9925/2022 as well as co-accused persons Dharmendra and Amritdas were enlarged on bail vide order dated 21.12.2022 passed by this Court in CRA No.11775/2022. Appellant's case is similar to that of co-accused persons. Charge-sheet has been filed and appellants' custodial interrogation/trial is not required in the matter therefore, on the ground of parity, he be enlarged on bail.

Learned Public Prosecutor for the respondents/State has opposed the prayer and prays for its rejection.

Having considered the rival submissions, material pointed out by counsel fo r the appellant, nature of allegations alleged against him and the fact that Signature Not Verified Signed by: SHAILESH PATIL Signing time: 12/29/2022 5:33:44 PM

appellant was not having any deadly weapon at the time of incident so also considering overall material produced on record, without commenting anything on the merits of the case, this Court is of the view that appellant deserve to be enlarged on bail. Hence, this appeal is allowed and the order passed by the Special Court is hereby set aside.

It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court with a direction that they will cooperate in trial and present himself regularly before the Trial Court on each and every date fixed by the Court concerned during trial and if during trial, he is found absent without any sufficient cause by the Trial Court, then the bail order passed by this Court shall automatically come to an end without reference to the Court.

With the aforesaid, this appeal stands allowed and disposed of. Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) V. JUDGE SJ

Signature Not Verified Signed by: SHAILESH PATIL Signing time: 12/29/2022 5:33:44 PM