Madhya Pradesh High Court
Ghanshyam Patel vs The State Of Madhya Pradesh on 6 May, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 6th OF MAY, 2022
CRIMINAL APPEAL No. 3929 of 2022
Between:-
GHANSHYAM PATEL S/O KAMAL KISHORE PATEL
, AGED ABOUT 54 YEARS, OCCUPATION:
GOVERNMENT TEACHER SAVNIGAR MOHALLA
KACHHIYANA ROAD WARD NO. 27 CHHATARPUR
DISTRICT CHHATARPUR M.P. (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI ANOOP KUMAR SAXENA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CITY KOTWALI DISTRICT
CHHATARPUR M.P. (MADHYA PRADESH)
2. SONU KHANGAR S/O LATE MAHESH PRASAD
K H A N G A R R/O BELDAR MOHALLA POLICE
STATION KOTWALI DISTRICT CHHATARPUR 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
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 21.04.2022 passed by the Special Judge, (Under
SC/ST) Act, District Chhatarpur (MP), whereby, the application of the appellant
under Section 438 of Cr.P.C. seeking bail has been rejected.
Appellant apprehends his arrest in connection with Crime No.97/2022
registered at Police Station- City Kotwali, Chhatarpur (M.P.) for t h e offence
punishable under Sections 323, 294, 506 and 34 of the Indian Penal Code and
Sections 3 (1) (r, s), 3 (2) and (5-A) of the SC/ST (Prevention of Atrocities) Act.
Signature Not Verified
SAN It is pointed out that the appellant has falsely been implicated in the case. He
Digitally signed by TAJAMMUL HUSSAIN
KHAN
has not committed any offence in any manner. It is submitted that the notice under
Date: 2022.05.07 12:03:15 IST
Section 41-A of the Cr.P.C. has been issued to the appellant; and thereafter he has
co-operated in the investigation. As the appellant has co-operated in the
investigation in pursuance to the notice issued under Section 41-A of the Cr.P.C.
there is no requirement of taking the appellant in custody. He has placed reliance
upon the judgment passed by the Hon'ble Supreme Court in the case of Satender
Kumar Antil vs. Central Bureau Of Investigation (S.L.P (Criminal)
No.5191/2021 decided on 07.10.2021); wherein, Hon'ble Supreme Court
considered the category and types of offences and also placed reliance upon the
judgment passed in the case of Siddharth vs. State of Uttar Pradesh & Anr.
(Criminal Appeal No.838/2021), (2021 SCC Online SC 615). He is ready to abide
by all the terms and conditions that may be imposed by this Court while granting
anticipatory bail. On these grounds, he prays for grant of bail to the appellant.
Per contra, counsel appearing for the State has vehemently opposed the
application stating that there are specific allegation against the present appellant.
However, he could not dispute the fact that the notice under Section 41-A of the
Cr.P.C. has been issued to the appellant and he has co-operated in the
investigation.
Considering the over all facts and circumstances of the case and also
considering the judgement passed by the Hon'ble Supreme Court in the case of
Satender Kumar Antil (supra), without commenting upon the merits of the case,
this Court deems it appropriate to allow this application for grant of anticipatory
bail. In the event of arrest, the appellant is directed to be released on bail on
furnishing a surety bond in the sum of Rs.50,000/- (Rupees Fifty thousand only)
with one local solvent surety in the like amount to the satisfaction of Arresting
Officer.
The appellant is directed to mark his presence before the concerning Police
S t a t io n in first week of every month and is directed to cooperate in
investigation. In case of failure to cooperate, the bail granted by this Court shall
stand rejected automatically.
Signature Not Verified
This order will remain operative subject to compliance of the following
SAN
Digitally signed by TAJAMMUL HUSSAIN
conditions by the appellant :-
KHAN
Date: 2022.05.07 12:03:15 IST
1. The appellant/s will comply with all the terms and conditions of the bond
executed by him;
2. The appellant/s will cooperate in the investigation/trial, as the case may be;
3 . The appellant/s will not indulge himself/themselves in extending
inducement, threat or promise to any person acquainted with the facts of the case
so as to dissuade them/her/him from disclosing such facts to the Court or to the
Police Officer, as the case may be;
4. The appellant/s shall not involve any other offence, in case the appellant/s
indulge in any other criminal case the benefit of bail as extended by this Court shall
automatically cancelled.
5. The appellant/s will not seek unnecessary adjournments during the trial;
6. The appellant/s will not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be.
7. The appellant/s 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.
Application stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.05.07 12:03:15 IST
