Narendra @ Virendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 3431 MP

                        1
       THE HIGH COURT OF MADHYA PRADESH
                 CRA No.2374/2022
   (NARENDRA @ VIRENDRA VS. STATE OF M.P. & ANR.)

Gwalior, Dated : 10/03/2022

      Shri R.K.S.Kushwah, learned counsel for the applicant.

      Shri C.P.Singh, learned counsel for the 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 first appeal has been filed under Section 14-A (2) of the Act

against the order dated 20/01/2022 passed by Special Judge (Atrocities

Act) Gwalior, rejecting the bail application.

The appellant has been arrested on 06/12/2021 in connection

with Crime No.307/2021 registered by Police Station Pichhore, District

Gwalior for offence punishable under Sections 323, 294, 506, 302 and

34 of IPC and Sections 3(2)(va), 3(1)(r)(s) of the Act.

It is submitted by the counsel for the appellant that according to

the prosecution case, the appellant and another co-accused had

assaulted the injured by fists and blows. The FIR was lodged by the

injured himself. Later on, the deceased died on account of internal

damage to his spleen. The applicant was not aware of the fact that his

assault may result in rupturing his spleen and was not aware that

THE HIGH COURT OF MADHYA PRADESH CRA No.2374/2022 (NARENDRA @ VIRENDRA VS. STATE OF M.P. & ANR.)

injured/deceased had enlarged spleen. He is in jail from 06/12/2021 i.e.

three months. 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. There is nothing on record to show that the applicant was

aware of the fact that the deceased was having enlarged spleen.

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.

Certified copy as per rules.

                                                                    (G.S. Ahluwalia)
Pj'S/-                                                                    Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.03.11
         12:05:49 -08'00'