Madhya Pradesh High Court
Shivram Chandrawanshi vs The State Of Madhya Pradesh on 4 March, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 4th OF MARCH, 2022
CRIMINAL APPEAL No. 1929 of 2022
Between:-
SHIVRAM CHANDRAWANSHI S/O JAGDEESH
CHANDRAWANSHI , AGED ABOUT 40 YEARS,
OCCUPATION: SOCIAL WORKER VILLAGE
PANDATARAI, TEH.PADARIYA (CHHATTISGARH)
.....APPELLANT
(SHRI PARITOSH TRIVEDI, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
P.S.MAWAI P.S.MAWAI (MADHYA PRADESH)
2. VICTIM A D/O NOT KNOWN OCCUPATION: NIL
THROUGH POLICE STATION MAWAI DISTRICT
MANDLA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD SAXENA GOVERNMENT ADVOCATE )
This appeal is coming on for admission this day, the court passed the
following:
ORDER
T he present appeal has been filed under Section 14-A of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the
Act') against the order dated 09/02/2022 passed by Sessions Judge, (SC/ST) Act,
Mandla (MP), whereby the application of the appellant under Section 439 of
Cr.P.C. seeking bail has been rejected.
Appellant is in custody since 26.01.2022 in connection with Crime
No.07/2022 registered at Police Station-Mawai, District Mandla (MP) for the
offence punishable under Sections 366, 376, 376 (2) (n), 506 of IPC and Section
3 (1) (w) (ii), 3(2) (5) of the SC/ST (Prevention of Atrocities) Act.
Heard and perused the case diary.
Counsel for the appellant submits that he has been falsely implicated in the
Signature Not Verified
matter and he has not committed any offence in any manner. The appellant is in
SAN
custody since 26.01.2022 and the investigation is going on. The allegation leveled
Digitally signed by S HUSHMAT HUSSAIN
Date: 2022.03.05 14:04:47 IST
is that the applicant on the false pretext of the marriage has committed rape with
the victim. The victim is a major as per the prosecution story itself and she was in
amicable terms with the present applicant and out of her own will she has
developed physical relationship with the present applicant. It is argued that as she
is a major and with the consent she has made the physical relations, therefore, no
offence under Section 376 of IPC is made out. He has placed reliance upon the
judgment passed by the Hon'ble Supreme Court in the case of Pramod
Suryabhan Pawar vs The State Of Maharashtra, 2019(3) SCC Cr. 903,
passed in Cr.A.No.1165/2019 dated 21.08.2019 . Appellant is the first offender
and there is no further requirement of custodial interrogation of the present
applicant, therefore, it has been prayed that the appellant be released on bail.
Per contra, counsel for the State has opposed the application and
contended that the investigation is going on, therefore, it has been prayed that the
application be dismissed.
Considering the over all facts and circumstances of the case and , without
commenting upon the merits of the case, subject to verification of the fact that
the appellant is the first offender, this Court deems it appropriate to allow this
appeal. The appellant is directed to be released on bail on furnishing surety bond
of Rs.50,000/- (Rupees Fifty thousand Only) with one solvent surety in the like
amount to the satisfaction of trial Court.
This order will remain operative subject to compliance of the following
conditions by the appellant :-
1. The appellant will comply with all the terms and conditions of the bond
executed by him;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. The appellant will not indulge himself in extending inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade her
from disclosing such facts to the Court or to the Police Officer, as the case may
be;
4. The appellant shall not involve any other offence, in case the applicant
Signature Not Verified
SAN indulges in any other criminal case the benefit of bail as extended by this Court
Digitally signed by S HUSHMAT HUSSAIN
Date: 2022.03.05 14:04:47 IST shall automatically cancelled.
5. The appellant will not seek unnecessary adjournments during the trial;
6. The appellant will not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be.
7. If the appellant is found involved in any other case except what has been
stated above, this bail shall stand rejected without reference to the court;
8. The appellant will inform the concerned S.H.O. of concerned Police
Station about his residential address in the said area and it would be the duty of the
Public Prosecutor to send E-copy of this order to SHO of concerned police
station as well as Superintendent of Police concerned who shall inform the
concerned SHO regarding the same.
In view of the COVID-19, jail authorities are directed that before releasing
the appellant, medical examination of appellant shall be undertaken by the jail
doctor and on prima-facie, if it is found that he is having the symptoms of
COVID-19, then consequential follow up action including the isolation/quarantine
or any test if required, be ensured, otherwise applicant shall be released
immediately on bail and shall be given a pass or permit for movement to reach his
place of residence.
Appeal stands allowed and disposed of.
E-copy of this order be provided to the appellant and E-copy of this order
be sent to the trial Court concerned for compliance. It is made clear that E-copy of
this order shall be treated as certified copy for practical purposes in respect of this
order.
CC as per rules.
(VISHAL MISHRA)
JUDGE
sh
Signature Not Verified
SAN
Digitally signed by S HUSHMAT HUSSAIN
Date: 2022.03.05 14:04:47 IST
