Sandeep Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 2011 MP

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                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                       ON THE 3 rd OF FEBRUARY, 2023
                                     CRIMINAL APPEAL No. 1746 of 2023

               BETWEEN:-
               SANDEEP SHARMA S/O SHRI RAMPRAKASH, AGED
               ABOUT 31 YEARS, OCCUPATION: SARPANCH R/O VIL.
               SAINTHRI P.S THARET INDERGARH DISTT. DATIA
               (MADHYA PRADESH)

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

               AND
               1.          THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION THARET DISTT. DATIA
                           (MADHYA PRADESH)

               2.          COMPLAINANT IN CRIME NO. 142/2022 S/O N/A PS
                           THARET DISTT. DATIA (MADHYA PRADESH)

                                                                            .....RESPONDENTS
               (BY SHRI SUSHANT TIWARI- PUBLIC PROSECUTOR FOR THE STATE )

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

               following:
                                                     ORDER

Present Criminal Appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 07.01.2023 passed by Special Judge, Datia, District Datia whereby the application of the appellant under Section 438 of Cr.P.C. for grant of anticipatory bail has been rejected. Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 03-02-2023 T h e appellant apprehends his arrest in connection with Crime 03:10:24 PM

No.142/2022 registered at Police Station- Tharet, District- Datia (M.P.) in relation to the offence punishable under Sections 294, 323, 506, 34 of IPC and section 3(1)(d)(dha) of SC/ST Act.

Learned counsel for the appellant/accused submits that applicant is innocent and has been falsely implicated in the case. It is further submitted that during investigation, present appellant/accused was released after giving notice under Section 41-A of Cr.P.C. in the light of judgment rendered by Hon'ble Supreme Court in the matter of Arnesh Kumar Vs. State of Bihar [(2014) 8 SCC 2731)]. Applicant has fully co-operated with the investigating agency. There is no likelihood of his absconsion. It is further submitted that the

appellant is the reputed citizen of the society and if he is sent to jail then his social reputation would get diminished.

Learned counsel for the State opposed the criminal appeal and prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the available case-diary.

Looking to the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the opinion that appeal should be allowed and by allowing the present appeal and setting aside the order dated 07.01.2023, it is directed that in the event of arrest, appellant be released on bail on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the arresting authority/Investigating Officer.

The appellant shall co-operate in the trial and shall regularly appear before Signature Not Verified the trial court as and when required. He shall further abide by the other Signed by: MADHU SOODAN PRASAD Signing time: 03-02-2023 03:10:24 PM conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

Appeal stands allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 03-02-2023 03:10:24 PM