Shahrukh Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 4322 MP

                          1
         THE HIGH COURT OF MADHYA PRADESH
                   CRA No.2552/2022
       (SHAHRUKH KHAN VS. STATE OF M.P. & ANR.)

Gwalior, Dated : 28/03/2022

      Shri Rajiv Sharma, learned counsel for the appellant.

      Shri P.P.S.Vajeeta, 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 third Criminal Appeal has been filed under Section 14- A

(2) of the Scheduled Tribes (Prevention of Atrocities) Act (in short

"Act") against the order dated 27/07/2021 passed by Special Judge

(Atrocities) Guna, District Guna rejecting the bail application. The

second Criminal Appeal was dismissed by order dated 07/01/2022

passed in CRA No.6339/2021.

The appellant has been arrested on 29/06/2021 in connection

with Crime No.803/2020 registered by Police Station Aron, District

Guna for offence punishable under Sections 307, 452, 294, 323, 427,

506, 147, 148, 149 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(Va)

of the Act.

It is submitted by the counsel for the appellant that the

remaining injured Shailendra Singh (P.W.7) has also been examined

THE HIGH COURT OF MADHYA PRADESH CRA No.2552/2022 (SHAHRUKH KHAN VS. STATE OF M.P. & ANR.)

and he has turned hostile and all the injured persons have not

supported the prosecution case. The appellant is in jail from

29/06/2021 i.e. approximately 9 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. However, it is fairly conceded that all the injured

witnesses have turned hostile. It appears that either the witnesses had

lodged a false report or they have not narrated the truth before the

Court, therefore, they are liable to be prosecuted.

So far as the prosecution of the witnesses is concerned, it is

for the Trial Court to address on this issue. Accordingly, it is

directed that while passing the final judgment, the Trial Court shall

decide as to whether the prosecution of the witnesses is warranted

or not.

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

THE HIGH COURT OF MADHYA PRADESH CRA No.2552/2022 (SHAHRUKH KHAN VS. STATE OF M.P. & ANR.)

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: 2022.03.28
     15:40:26 -07'00'