Ashish Malviya @ Chuchu Panda vs The State Of Madhya Pradesh
2022 Latest Caselaw 8084 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 20th OF JUNE, 2022

                  CRIMINAL APPEAL NO.4880 OF 2022

       Between:-

       ASHISH MALVIYA ALIAS CHUCHU
       PANDA, S/O SHRI DILIP SINGH
       MALVIYA,   AGE    24  YEARS,
       OCCUPATION    LABOUR,    R/O
       MOHANGIRI GALI NO.3 VIDISHA
       (MADHYA PRADESH).
                                                                ........APPELLANT

       (BY SHRI D.S. TOMAR - ADVOCATE)

       AND

1.     STATE OF MADHYA PRADESH
       THROUGH    POLICE   STATION
       KOTWALI, DISTRICT VIDISHA
       (MADHYA PRADESH).
2.     DEVENDRA BALMIK, S/O ASHOK
       BALMIK,    R/O    BARAIPURA
       CHAURAHA, POLICE STATION
       KOTWALI   DISTRICT VIDISHA
       (MADHYA PRADESH).

                                                            ........RESPONDENTS

        (BY SHRI A.K. NIRANKARI- PUBLIC PROSECUTOR)
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       This appeal coming on for hearing this day, the Court passed the
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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 "Act").

Case diary is not available. However, it is submitted by the counsel for the appellant that since the charge-sheet has been filed and he has placed the same on record, therefore, the appeal may be considered on the basis of the charge-sheet.

This appeal has been filed under Section 14-A (2) of the Act against the order dated 9/5/2022 passed by Special Judge (Atrocities Act) Vidisha, rejecting the bail application.

The appellant has been arrested on 24/1/2022 (wrongly typed as 24.1.2021) in connection with Crime No.482/2021 registered by Police Station Kotwali, District Vidisha for offence punishable under Sections 294, 324, 506, 34, 307 of IPC, Section 25 of the Arms Act and Sections 3(2)(va), 3(2) (v), 3(1)(n) and 3(1)(/k) of the Act.

It is submitted by the counsel for the appellant that in the FIR it was alleged by the complainant that the assault was made by co-accused Gopu Balmik, whereas the appellant and other co-accused persons had caught hold the injured, however, the witnesses changed their version at a later stage and it is alleged that the appellant assaulted on the waist of Lakhan Balmik. It is submitted that the appellant is in jail for the last six months. This Court by orders dated 6/6/2022 and 20.6.2022 passed in

Criminal Appeal Nos.4682/2022 and 5081/2022 has granted bail to the co-accused Gopu Balmik and Rahul Balmik. 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.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the appeal is allowed. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount 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.

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.

The appeal is allowed.

(G.S. AHLUWALIA) JUDGE Arun* ARUN KUMAR MISHRA 2022.06.21 16:46:31 +05'30'