Madhya Pradesh High Court
Shiva Kushwah vs The State Of Madhya Pradesh on 7 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
CRA No.212/2022
Shiva Kushwah vs. State of M.P. & Anr.
Gwalior, Dated : 07/01/2022
Shri Ravi Dwivedi, Counsel for the appellant.
Shri A.K. Nirankari, Public Prosecutor for the respondent
No.1/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 seventh criminal appeal has been filed under Section 14-A
(2) of the Act against the order dated 3.5.2021 passed by Special
Judge (Atrocities Act) Gwalior, rejecting the bail application. The
sixth criminal appeal was dismissed as withdrawn by order dated
24.11.2021 passed in CRA No.6729/2021.
The appellant has been arrested on 12.4.2021 in connection
with Crime No.90/2021 registered by Police Station Girwai, District
Gwalior for offence punishable under Sections 323, 294, 324, 427,
506, 147, 149, 307, 34 of IPC and under Sections 3(1)(r)(s) and 3(2)
(v) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act.
It is submitted by the counsel for the appellant that although the
previous criminal appeals of the appellant have already been
THE HIGH COURT OF MADHYA PRADESH
CRA No.212/2022
Shiva Kushwah vs. State of M.P. & Anr.
dismissed on merits but he is in jail from 12.4.2021 i.e. more than
eight months. The allegations are that the appellant hit the injured by
means of brick. The appellant has filed the copies of the order sheets
of the Trial Court which shows that the witnesses are not turning up.
It is further submitted that in view of the criminal antecedents of the
appellant, he is ready and willing to abide by any stringent condition
which may be imposed by the Court. The trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with the prosecution case.
Per contra, the appeal is vehemently opposed by the counsel for
the State. It is submitted that the appellant has a criminal history and
10 criminal cases have been registered against him and the appellant
has already been convicted for offence under Section 451 of IPC and
under Section 7/11 of the POCSO Act.
Considering the period of detention and without commenting on
the merits of the case, the appeal is allowed. It is directed that the
appellant shall be released on bail on furnishing cash surety of
Rs.1,00,000/- (Rupees One Lac 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
THE HIGH COURT OF MADHYA PRADESH
CRA No.212/2022
Shiva Kushwah vs. State of M.P. & Anr.
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 have been 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 Girwai, District Gwalior on 1st of every
month during the pendency of the Trial.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat and others Vs. State of M.P. Passed on
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
regarding grant of bail be sent to the complainant.
CC as per rules.
(G.S. Ahluwalia)
(alok) Judge
ALOK KUMAR
2022.01.07 16:51:04 +05'30'
