Madhya Pradesh High Court
Pawan Singh @ Rahul vs The State Of Madhya Pradesh on 16 March, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 16th OF MARCH, 2022
CRIMINAL APPEAL No. 2330 of 2022
Between:-
PAWAN SINGH @ RAHUL S/O SHRI DIWAKAR
SINGH , AGED ABOUT 27 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE MAJAN P.S.
PANWAR DISTRICT REWA M.P. (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI SUKHENDRA SINGH, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION PANWAR DISTRICT REWA M.P.
(MADHYA PRADESH)
2. COMPLAINANT/ PRAVEEN KUMAR VERMA S/O
CHHEDILAL VERMA OCCUPATION:
AGRICULTURIST R/O VILLAGE MAJAN P.S.
PANWAR DISTRICT REWA M.P. (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD PANDEY, GOVERNMENT ADVOCATE)
T h is appeal coming on for admission this day, the court passed the
following:
ORDER
The 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 02/02/2022 passed by Special Sessions Judge
(Atrocities), Rewa (MP), whereby the application of the appellant under Section
439 of Cr.P.C seeking bail has been rejected.
Appellant is in custody since 29/01/2022 in connection with Crime
No.25/2022 (the real crime number is 27/2022 while wrongly mentioned as 25/2022
on the order dated 02/02/2022) registered at Police Station-Panwar, District Rewa
for the offences punishable under Sections 457, 294, 323, 506-B/34 of IPC and
under Section 3(1) (r), 3(1) (s), 3(2) (va) of the Scheduled Castes/Scheduled
Signature Not Verified
SAN
Tribes (Prevention of Atrocities) Act.
Digitally signed by PRARTHANA
SURYAVANSHI
As per the prosecution story on 21/01/2022 at about 12:00 o'clock at night
Date: 2022.03.16 19:11:33 IST
the accused Kamana Tiwari along with two other accused persons came to the
house of the applicant and assaulted him by means of hands and fists and insulted
him by his caste name.
It is submitted that the appellant has been falsely implicated in the case and
has not committed any offence in any manner. It is submitted that the appellant has
been granted bail in some other case vide order dated 04/03/2022 passed in CRA
No.1890/2022 and vide order dated 11/03/2022 passed in CRA No.1889/2022. It is
submitted that the charge sheet has been filed in the matter. He is in custody since
29/01/2022. He is ready t o abide by all the terms and conditions that may be
imposed by this Court while considering the application for grant of bail. He has
placed reliance upon the judgment passed by the Hon'ble Supreme Court in the
case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11
SCC 648. On these grounds, he prayed for grant of bail to the appellant.
Per contra, learned counsel for the State has opposed the bail application
stating that there is active participation of the appellant in commission of offence.
He is having a criminal history of 10 cases but he could not dispute the fact that the
charge sheet has been filed in the matter. He has prayed for dismissal of the appeal.
Considering the overall facts and circumstances of the case and looking to
the fact that charge sheet has been filed in the matter and also in the light of the
judgement passed in the case of Prabhakar Tiwari (supra) and without
commenting upon the merits of the case, this Court deems it appropriate to allow
this appeal. The appeal is allowed. The appellant is directed to be released on bail
on furnishing surety bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one
solvent surety of the like amount each to the satisfaction of the Trial Court.
This order will remain operative subject to compliance of the following
conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond
executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
Signature Not Verified
SAN 3. The applicant will not indulge himself in extending inducement, threat or
Digitally signed by PRARTHANA
SURYAVANSHI
promise to any person acquainted with the facts of the case so as to dissuade him
Date: 2022.03.16 19:11:33 IST
from disclosing such facts to the Court or to the Police Officer, as the case may
be;
4. The applicant shall not involve any other offence, in case the applicant
indulge in any other criminal case the benefit of bail as extended by this Court shall
automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be.
7 . The applicant 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.
It is made clear that in the event of repetition of offence, the bail granted to
the applicants shall stand automatically cancelled.
E-copy of this order be provided to the applicants 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.
Appeal stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
Prar
Signature Not Verified
SAN
Digitally signed by PRARTHANA
SURYAVANSHI
Date: 2022.03.16 19:11:33 IST
