Ankit @ Monu vs The State Of Madhya Pradesh
2022 Latest Caselaw 8041 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 17th OF JUNE, 2022

                    CRIMINAL APPEAL No. 5057 of 2022

        Between:-
        ANKIT @ MONU S/O SHRI VINOD VAISHANDAR,
        AGE 30 YEARS, R/O BHIND ROAD MEHGAON
        POLICE STATION MEHAGAON, DISTRICT BIND
        (MADHYA PRADESH)

                                                               .....APPELLANT
        (BY SHRI PRADEEP KATARE - ADVOCATE)

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION MEHGAON DISTRICT BHIND
        (MADHYA PRADESH)

2.      ASHARAM JATAV S/O SHRI BADRIPRASAD
        JATAV R/O RASALDAR KA PURA MEHGAON
        DISTRICT BHIND (MADHYA PRADESH)

                                                            .....RESPONDENTS
        (BY SHRI A.K. NIRANKARI - PUBLIC PROSECUTOR )

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                   ORDER

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 “Actâ€​).

Case diary is available.

This fourth criminal appeal has been filed under Section 14-A (2) of the

Act against the order dated 19.7.2019 passed by Special Judge (Atrocities) Bhind, rejecting the bail application.

The appellant has been arrested on 22.4.2019 in connection with Crime No.112/2018 registered by Police Station Mehagaon, District Bhind for offence punishable under Sections 302, 174-A, 34 of IPC, under Section 25/27 of the Arms Act and under Section 3(2)(v)of the Act.

This appeal has been filed for grant of temporary bail on account of death of father of the appellant. It is submitted that the father of the appellant has expired 10.6.2022 and his 13th Day ceremony is fixed for 22.6.2022 and the presence of the appellant is necessary in the said ceremony. It is further

submitted that even otherwise by order dated 10.6.2021, the Trial Court had permitted the appellant to perform the cremation of his father under police custody.

Per contra, the appeal is vehemently opposed by the counsel for the State. The counsel for the State after verifying the factum of death of the father of the appellant has submitted that the father of the appellant has expired on 10.6.2022 and his 13th Day ceremony is scheduled to be held on 22.6.2022.

In view of verification report, this Court is of the considered opinion that the appellant can be granted bail for a period of one week. Accordingly, the appeal is allowed and it is directed that the appellant be released on temporary bail for a period of seven days on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court. The appellant shall also furnish an undertaking that he shall surrender immediately on 7th day from the date of his release.

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.

With aforesaid observation, the appeal is finally disposed of.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.17 18:44:08 +05'30'