Sushil Kumar Shrivastava vs The State Of Madhya Pradesh
2022 Latest Caselaw 13394 MP

                                                             1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                             BEFORE
                                          HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                   ON THE 12th OF OCTOBER, 2022

                                              CRIMINAL APPEAL No. 9035 of 2022

                                   BETWEEN:-
                                   SUSHIL KUMAR SHRIVASTAVA S/O SHRI
                                   VISHAMBHAR DAYAL SHRIVASTAVA, AGE -36
                                   YEARS,   R/O TORIYA ROAD GAUSHALA,
                                   ASHOKNAGAR     DISTRICT- ASHOKNAGAR
                                   (MADHYA PRADESH)

                                                                                          .....APPELLANT
                                   (SHRI J.S.KUSHWAH - ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION- KOTWALI ASHOKNAGAR
                                   (MADHYA PRADESH)

                           2.      SOM SINGH S/O SHRI BHAGUN SINGH
                                   AHIRWAR,  R/O VILLAGE PATHARI, POLICE
                                   STATON SAHRAI, DISTRICT ASHOKNAGAR
                                   (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                                   (SHRI C.P.SINGH- PANEL LAWYER)

                                 Th is appeal coming on for hearing this day, t h e court passed the

                           following:
                                                              ORDER

None for the 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.

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-10-2022 06:03:25 PM

This sixth repeat appeal has been filed under Section 14-A (2) of the Act against the order dated 09/04/2021 passed by Special Judge (Atrocities Act) Ashoknagar, thereby rejecting the bail application. Fifth appeal of the appellant was dismissed as withdrawn by order dated 20/07/2022 passed in CRA No.5406/2022.

The appellant has been arrested on 04/02/2021 in connection with Crime No.93/2021 registered by Police Station Kotwali, District Ashoknagar for offence punishable under Section 306 of IPC and Sections 3(2)(va) of the Act.

This repeat appeal has been filed mainly on the ground that all the material witnesses have been examined and they have turned hostile and have not

supported the prosecution case. It is further submitted that it is a case of abetment of suicide on the allegations that the appellant had lended Rs.500/- to the deceased and had already recovered Rs.25,000/- and inspite of that he was harassing the deceased for payment of some additional amount. It is submitted that the report of the hand writing expert is not available, due to the fact that the police could not recover admitted hand writing of the deceased as demanded by the hand writing expert. At present, there is no substantive evidence against the appellant. 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 application is vehemently opposed by the counsel for the State. It is submitted that the appellant has a criminal history and as many as 12 more criminal cases of different in nature have been registered against him. However, after going through the deposition-sheets of the witnesses, it is fairly conceded that they have turned hostile. It is submitted that it appears that either the witnesses had given a false information to the police or they have not narrated the truth before the Court, therefore, they are liable to be prosecuted. Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-10-2022 06:03:25 PM

So far as the question of prosecution of the witnesses is concerned, it is directed that the Trial Court while deciding the trial shall address on this issue also and shall pass a specific order as to whether the prosecution of the witnesses is warranted or not ?

Considering the fact that the witnesses have turned hostile and 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 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) JUDGE Pj'S/-

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-10-2022 06:03:25 PM