Madhya Pradesh High Court
Satish vs The State Of Madhya Pradesh on 6 December, 2023
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 6 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 14306 of 2023
BETWEEN:-
SATISH S/O JAGDISH, AGED ABOUT 20 YEARS,
OCCUPATION: LABOR R/O 50-B JAYNAGAR COLONY
PITHAMPUR DISTT. DHAR (MADHYA PRADESH)
.....APPELLANT
(SHRI OMPRAKASH SOLANKI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
SECTOR 1 PITHAMPUR DISTT. DHAR (MADHYA
PRADESH)
2. VICTIM X THROUGH P.S. SECTOR-1 PITHAMPUR
DIST. DHAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI TARUN PAGARE- PUBLIC PROSECUTOR, NONE FOR THE
RESPONDENT NO.2, DESPITE SERVICE OF NOTICE)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
Learned counsel for the appellant submits that the present appeal has to
be treated as first appeal after approaching the trial court again in the light of the
judgment passed by this court in CRA No.9659/2023.
2. This is first criminal appeal filed on behalf of the appellant under
section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1980 r/w section 439 of Cr.P.C.
3. The appellant was arrested on 19.03.2023 in connection with Crime
No.171/2023 registered at the Police Station Sector 01, Pithampur, Dhar (M.P.)
for the offences punishable under Sections 302, 34 of IPC, Sec 3(2)(v) of
SC/ST (Prevention of Atrocities Act) 1989 (Amendment Act) 2015.
4. The brief fact of the prosecution case is that on 18/03/2023 at about
7:15 a.m., informant Dhananjay has lodged Dehatli Nalsi marg report that in the
morning of 18/03/2023 at about 06:30 a.m., he came to Cricket ground to play
cricket situated at Sanjay Jalashay Road and found dead body in the ground.
On this, police registered a marg no. 21/2023. During marg induiry, the
statements of witnesses Dhananjay and Devendra recorded and on the basis of
secrete information, police found that deceased was murdered by accused
Satish, Rounak, Vinod, Manoj, Rohit and Ketan. On this information, police
registered a case and accused person were arrested. Appellant is also implicated
in the offence.
5. Learned counsel for the appellant submits that earlier appeal CRA
No.7000/2023 was dismissed as withdrawn vide order dated 17.07.2023 with
liberty to renew that prayer after the court statement of Devendra and
Dhananjay. The statement of Dhananjay PW/1 and Devendra PW/1 have been
recorded and they have turned hostile and have not supported the prosecution
case. Apart from that, there is no other evidence connecting the present
appellant with the commission of the offence.
6. Learned counsel for the respondent/state has opposed the prayer and
submits that the car which is alleged to be driven by the accused persons and
chased the deceased has been seized from the appellant.
7 . After hearing learned counsel for the parties and taking into
consideration the statement of eye-witness Devendra and Dhananjay that they
have turned hostile and further there is no evidence on record to indicate that
the aforesaid car was being driven by the accused persons and the deceased
was chased by them. Mere seizure of car would not be sufficient to make out
the prima facie case against the appellant. There is no connecting evidence to
implicate the appellant with the commission of the offence. The appellant is in
jail since 19.03.2023 and the trial may take time to conclude. I am of the view
that the appellant is entitled for bail.
8. Accordingly, without commenting on the merits of the case, the appeal
of the present appellant filed under Section 14-A of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed.
9. It is directed that the appellant- Satish shall be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with
one surety of the like amount to the satisfaction of the trial Court. It is directed
that the appellant shall comply with the provisions of Section 437(3) of Cr.P.C..
10. The prison authorities are also requested to ensure compliance with
the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that
the applicant is examined by the jail doctor before his release. If the applicant
shows symptoms of COVID-19, the doctor shall forthwith direct him to be
produced before the appropriate hospital designated for the detection and
treatment of COVID-19 patients. If the doctor is of the opinion that the
applicant is not affected with the virus, the jail authorities shall ensure his
transportation from the jail till his place of residence.
11. A typed copy of this order be forwarded to the Office of learned
Government Advocate. The Office is also directed to forward a copy of this
order to the learned Court below.
The appeal is accordingly allowed and disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
Sourabh
