Vijay Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 7114 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
                  HON'BLE SHRI JUSTICE ANAND PATHAK
                          ON THE 11th OF MAY, 2022

                  CRIMINAL APPEAL No. 4288 of 2022

        Between:-
        VIJAY JATAV S/O VIRENDRA SINGH , AGED
        ABOUT 20 YEARS, OCCUPATION: KASHTKARI
        GRAM LALOR KHURD P S STATION ROAD
        (MADHYA PRADESH)

                                                                 .....APPELLANT
        (BY SHRI YOGENDDRA SHRIVASTAVA - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION POLICE STATION STATION
        ROAD MORENA (MADHYA PRADESH)

                                                               .....RESPONDENTS
        (BY SHRI P.P.S. BAJEET - PUBLIC PROSECUTOR & SHRI
        RAGHUVEER SINGH - ADVOCATE FOR COMPLAINANT)

      Th is appeal coming on for hearing this day, the court passed the
following:
                                   ORDER

Present appeal has been filed under Section 14 (A)(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 15.11.2021 passed by Special Judge (Atrocities), Morena whereby the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected.

Appellant is in custody since 05.11.2021, in connection with Crime No.690/2021, registered at Police Station- Station Road, Morena for the offence punishable under Sections 307, 147, 148, 149, 323, 294, 506, 34 of IPC and

Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is the submission of learned counsel for the appellant that false case has been registered against him. He is suffering confinement since 05.11.2021 and charge-sheet has already been filed, therefore, chance of tampering with evidence/witnesses is remote. It is further submitted that genesis of crime indicates that minor dispute in respect of bursting crackers resulted into registration of offence and both the sides stood at loggerheads because of this case because from the present appellant side also, case against the complainant has been registered for alleged offence under Section 307 of IPC, therefore,

both the parties are suffering or suffered confinement.

At the suggestion of this Court, mediation proceedings were held between the parties and both the parties intended to settle the matter once and for all and therefore, Shri Sanjay Kumar Sharma, Advocate was appointed as Mediator in the case and he submitted the mediation report in which intention of both the parties through mediation proceedings surfaced and both the parties (their elders on behalf of appellant and complainant) ready to bury the dispute once and for all. Amount of Rs.1,50,000/- has also been intended to be paid to the complainant as compensation for any injury if any sustained by the other side although occurrence of same is disputed by them.

Learned counsel for the appellant relied upon the judgments of Hon'ble Apex Court in the case of Ramgopal & Anr. Vs. The State of Madhya Pradesh, 2021 SCC Online SC 834 and in the case of Afcons Infrastructure Limited and another Vs. Cherian Varkey Construction Company Private Limited and others, (2010) 8 SCC 24 to submit that mediation is successful remedy in such cases where both the parties voluntarily

come for settlement. At present, appellant is seeking bail and other side has no objection to such proposition.

Appellant undertakes to cooperate in trial and would make himself available as and when required by the trial Court and would not be source of harassment and embarrassment to the complainant party in any manner and would not move in their vicinity. Thus, prayed for grant of bail.

Counsel for the State opposed the prayer, however he also agreed upon importance of mediation in such cases where dispute can be buried once and for all.

Counsel for the complainant has no objection if bail is granted and affirmed the fact of mediation and intention to settle the matter.

Heard learned counsel for the parties at length and considered the arguments advanced by them.

Considering the submissions specially the fact that in the instant case genesis of crime is minor dispute i.e. bursting of crackers and dispute originated from it and parties do not have any tainted background except some minor cases, therefore, they intend to live as peaceful citizen, therefore, mediation ought to be given a chance specially in view of the judgments referred above and the judgment of Division Bench of Delhi High Court in the case of Dayawati Vs. Yogesh Kumar Gosain, 2017 SCC Online Del 11032 and

the fact that appellant has already suffered sufficient period of incarceration and chance of tampering with evidence/witnesses is remote, this Court intends to allow the present appeal. It is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The appellant shall not commit an offence similar to the offence of which he is accused;

5. The appellant will not seek unnecessary adjournments during the trial; and

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. Appellant shall not be source of harassment and embarrassment in any manner to the complainant party and shall not have in her vicinity.

Appeal stands allowed and disposed of.

Copy of this order be sent to the trial Court for information and necessary compliance.

Certified copy as per rules.

(ANAND PATHAK) JUDGE RASHID KHAN 2022.05.12 11:02:00 +05'30' 11.0.8

Rashid