Shahil Tiwari @ Kshitij Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 13713 MP

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                               ON THE 22 nd OF AUGUST, 2023
                                            CRIMINAL APPEAL No. 9900 of 2023

                           BETWEEN:-
                           SHAHIL TIWARI @ KSHITIJ TIWARI S/O SHRI SHERA @
                           SHER BAHADUR TIWARI, AGED ABOUT 22 YEARS,
                           OCCUPATION: LABOUR, R/O KANDHI GALI, PURANI
                           BASTI TIKURIYA TOLA, SATNA POLICE STATION
                           KOLGAWAN TEHSIL RAGHURAJ NAGAR, DISTRICT
                           SATNA (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI ALOK KUMAR GUPTA - ADVOCATE)

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

                           2.    SATYAM MARKHEL S/O SHRI SAJJAN MARKHEL,
                                 AGED ABOUT 20 YEARS, R/O TIKURIYA TOLA
                                 SATNA, BEHIND PANI KI TIKURIYA TOLA, SATNA
                                 BEHIND PANI KI TANKI POLICE STATION
                                 KOLGAWAN     TEHSIL    RAGHURAJ     NAGAR
                                 DISTRICT SATNA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI SHAILENDRA MISHRA - ADVOCATE)

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

This is first Criminal Appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail filed on behalf of appellant against the order dated 27.07.2023 passed in B.A.No No.557/2023.

Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/23/2023 11:17:06 AM

T h e appellant has been arrested on 20.06.2023 in connection with (FIR)/Crime No.973/2022 dated 11.07.2022 registered at Police Station Kolgawan, District Satna for the offences punishable under Sections 294 and 307/34 of IPC and Sections 3(1)(da), 3(1)(dha) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 and Sections 25 and 27 of Arms Act.

Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the case. The appellant is in judicial custody since 20.06.2023 and the trial will take long time to conclude. The appellant is a permanent resident of district and there is no likelihood of his

absconding or tampering with the prosecution evidence. In view of the aforesaid, prayer has been made to enlarge the appellant on bail.

Learned counsel for the State has opposed the prayer for grant of bail to the appellant.

Heard learned counsel for the parties, perused the case diary and judgment of the trial court.

In this case, the applicant and co-accused insulted the complainant by hurling abuses, they both assaulted him and the applicant used a Katta to cause gun shot injury on the right foot of the complainant. Though the offence of Section 307 of IPC has been registered against the applicant besides the other offences, but looking to the fact that the injury was not caused or aimed at any vital part and was sustained only in the foot of the complainant, this Court deems it appropriate to release the appellant on bail. Therefore, without commenting on the merit of the case, the appeal is allowed.

It is directed that the appellant shall be released on bail upon his

Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/23/2023 11:17:06 AM

furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before the said Court on all such dates as may be fixed in this regard during pendency of trial.

It is directed that the appellant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

Accordingly, this appeal stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/23/2023 11:17:06 AM