Vicky Pandit @ Vikash Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 13770 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                   ON THE 18th OF OCTOBER, 2022

                                             CRIMINAL APPEAL No. 9014 of 2022

                                   BETWEEN:-
                                   VICKY PANDIT @ VIKASH SHARMA S/O SANJAY
                                   SHARMA, AGE 24 YEARS, ASHOK COLONY
                                   THATIPUR GWALIOR (MADHYA PRADESH)

                                                                                          .....APPELLANT
                                   (BY SHRI HARSHVARDHAN SHARMA- ADVOCATE)

                                   AND
                                   STATE OF MADHYA PRADESH               THROUGH
                                   POLICE  STATION  THATIPUR,             GWALIOR
                                   (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                                   (BY SHRI C.P.SINGH- PANEL LAWYER)

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

Case diary is available.

This second repeat appeal has been filed under Section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the order dated 06/07/2021 passed by Special Judge (Atrocities), Gwalior, rejecting the bail application. First appeal was dismissed as withdrawn by order dated 14/02/2022 passed in CRA No.1407/2022.

The appellant has been arrested on 01/04/2021 in connection with Crime No.219/2021 registered by Police Stationâ€Â" Thatipur, District Gwalior for offence punishable under Sections 302, 147, 307, 120-B of IPC and

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 18-10-2022 05:57:29 PM

Section3(2)(va) of SC/ST Act and Section 25/27 of Arms Act.

This repeat appeal has been filed mainly on the ground of delay. From the order-sheets, it appears that on several occasions, the counsel for the accused persons had sought deferment of the cross-examination of the witnesses.

Furthermore, in the light of the judgment passed by the Supreme Court in the case of Anil Kumar Yadav vs. State (NCT of Delhi) and another reported in (2018) 12 SCC 129 it is held that period of detention of one year or more in the case of murder cannot said to be an inordinate delay.

As no change in circumstances could be pointed out by the counsel for

the appellant, accordingly, the appeal fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 18-10-2022 05:57:29 PM