Kallu Alias Harinarayan Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 1047 MP

THE HIGH COURT OF MADHYA PRADESH CRA No. 630/2022 (KALLU ALIAS HARINARAYAN LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Through Video Conferencing

Gwalior, Dated : 21/01/2022

Shri Anshu Gupta, Counsel for appellant.

Shri Avdhesh Parashar, Counsel for 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 third appeal has been filed under Section 14-A (2) of the

Act against the order dated 11/10/2021 passed by Special Judge

(Atrocities Act) Vidisha, rejecting the bail application.

The second appeal for grant of bail was dismissed by order

dated 08.12.2021 passed in Cr.A. No.7195/2021 with liberty to the

appellant to revive the prayer after undergoing some reasonable

period of detention.

The appellant has been arrested on 06/10/2021 in connection

with Crime No.153/2021 registered by Police Station Tyonda, District

Vidisha for offence punishable under Sections 323, 294, 327, 506, 34

of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) & 3(2)(v) of the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

THE HIGH COURT OF MADHYA PRADESH CRA No. 630/2022 (KALLU ALIAS HARINARAYAN LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Act.

It is submitted by the Counsel for the appellant that previous

appeal of appellant was dismissed merely on the ground of his

criminal antecedent and short period of detention. Accordingly, by

order dated 08/12/2021 passed in Cr.A. No.7195/2021, the appellant

was granted liberty to revive the prayer after undergoing some

reasonable period of detention. It is submitted that according to the

prosecution case, the appellant and other accused persons demanded

money for purchasing liquor. When it was refused by the

complainant, then the complainant and other injured witnesses were

beaten. Complainant was also humiliated and insulted by calling him

by his caste name. However, it is submitted that appellant is in jail for

last more than 3 months. In view of the criminal antecedents, he is

ready and willing to furnish a cash surety also. The trial is likely to

take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

Per contra, the appeal is opposed by the Counsel for the State.

It is submitted that not only the appellant had beaten the complainant

on the issue of non-payment of money for purchasing liquor but he

has criminal antecedents and 8 more criminal cases have been

registered against him including one under 307 of IPC.

Considering the facts and circumstances of the case and

THE HIGH COURT OF MADHYA PRADESH CRA No. 630/2022 (KALLU ALIAS HARINARAYAN LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

without commenting on the merits of the case, the appeal is allowed.

It is directed that the applicant shall be released on bail on furnishing

cash surety of Rs.50,000/- (Rupees Fifty Thousand Only) or in the

alternative on depositing his original title-deed(s) [not Rin Pustika] of

the immovable property worth of more than the said amount, as

directed by the Supreme Court in the case of Sharo @ Shahrukh Vs.

The State of MP by order dated 06.09.2021 passed in SLP (Cri) No.

6321/2021 to the satisfaction of the Trial Court/Committal Court to

appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the appellant shall automatically stand forfeited without any

reference to the Court. In case, the title deeds are deposited, then the

same shall not be returned unless and until the surety amount is

deposited.

It is further directed that the appellant shall appear before the

S.H.O. Police Station Tyonda, District Vidisha on 1st of every

month during the pendency of the Trial. In case of bail jump or non-

appearance of the appellant before the police station as directed by

THE HIGH COURT OF MADHYA PRADESH CRA No. 630/2022 (KALLU ALIAS HARINARAYAN LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

this Court, this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge

Aman

AMAN TIWARI 2022.01.22 12:23:13 +05'30'