Golu @ Shahbaz Shah vs The State Of Madhya Pradesh
2022 Latest Caselaw 14699 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                     ON THE 11th OF NOVEMBER, 2022

                                              CRIMINAL APPEAL No. 9125 of 2022

                                   BETWEEN:-
                                   GOLU @ SHAHBAZ SHAH S/O SHAKIL SHAH
                                   OCCUPATION: PRIVATE JOB R/O VILLAGE
                                   SHAKIN GADI MOHALLA BAJARIYA WARD NO.
                                   1 P.S. HATTA, DAMOH DISTRICT DAMOH
                                   (MADHYA PRADESH)

                                                                                         .....APPELLANT
                                   (BY SHRI VIKASH CHOUKSEY- ADVOCATE )

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION DAMOH DISTRICT DAMOH
                                   (MADHYA PRADESH)

                           2.      HARIKRISHNA TANTWAY S/O DAMODAR
                                   PRASAD TANTWAY R/O VILLAGE CHANDI G
                                   WARD P.S. HATA DISTRICT DAMOH (MADHYA
                                   PRADESH)

                                                                                      .....RESPONDENTS
                                   (BY SHRI NARENDRA CHOURASIYA - PANEL LAWYER )

                                 This appeal coming on for admission this day, th e court passed the

                           following:
                                                             JUDGMENT

This third criminal appeal has been filed under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 27.09.2022 passed by the Special Judge, Damoh; whereby, the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected.

Appellant has been arrested on 02.04.2021 in connection with Crime Signature Not Verified Signed by: VARSHA DUBEY Signing time: 11/12/2022 11:23:53 AM

No.153/2021 registered at Police Station -Hata, District Damoh for the offence punishable under Sections 302, 120-B, 34 and 323 of IPC and Sections 3(2)

(v) of SC/ST Act.

It is alleged that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. It is submitted that statements of the witnesses have been recorded before the Trial Court and they have not supported the prosecution case and have declared hostile. It is submitted that the other co-accused has already been enlarged on bail vide order dated 9.9.2022 passed in Cr.A. No.3175/2022. The case of the present appellant is similar to that of co-accused. The appellant is in custody since 02.04.2021. He

is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.

Per contra, learned Panel Lawyer appearing for the State has vehement opposed the application, but he fairly submits that none of the witnesses have supported the prosecution story. Applicant is having a criminal past but for minor offences.

Considering the overall facts and circumstances of the case and keeping in view the fact of parity in mind, without commenting upon the merits of the case, this Court deems it appropriate to allow this appeal. The appellant be released on bail on furnishing a surety bond of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of trial Court. It is also directed that the appellant shall comply with the conditions as enumerated under Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued Signature Not Verified Signed by: VARSHA DUBEY Signing time: 11/12/2022 11:23:53 AM

by the Government with regard to 'COVID-19' before releasing the appellant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

The appeal stands allowed.

Pending interlocutory applications are disposed off. Certified copy as per rules.

(VISHAL MISHRA) JUDGE VD

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 11/12/2022 11:23:53 AM