Aasthtkfar Mansoori vs The State Of Madhya Pradesh
2023 Latest Caselaw 11904 MP

                                                               1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                   ON THE 28 th OF JULY, 2023
                                             CRIMINAL APPEAL No. 8802 of 2023

                          BETWEEN:-
                          AASHU @ ASHTKFAR MANSOORI S/O SHEIKH ANEESH
                          MANSOORI, AGED ABOUT 20 YEARS, OCCUPATION:
                          LABOUR R/O SUPATAL CHUI KHADAN PAHADI P.S.
                          GARHA, DISTRICT- JABALPUR (MADHYA PRADESH)

                                                                                             .....APPELLANT
                          (BY SHRI SAMPOORAN TIWARI - ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRADESH THROUGH P.S.
                                GARHA    DISTRICT- JABALPUR (MADHYA
                                PRADESH)

                          2.    SANJAY @ SARANG AHIRWAR S/O SUNIL
                                AHIRWAR R/O CHARGAWA TIRAHA JODHPUR
                                PADAV BAD KE PED KE NICHE P.S. TILWARA
                                DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (SHRI PRAMOD THAKRE - GOVERNMENT ADVOCATE AND SHRI R.P.
                          MISHRA - ADVOCATE FOR RESPONDENT NO.2)

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

The appellant has filed this fourth criminal appeal under Section 14-A(2) o f Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for grant of bail to the appellant. Earlier bail applications were rejected on merits.

The appellant has been arrested on 29.11.2021 by Police Station Garha, District- Jabalpur (M.P.) in connection with Crime No.1032/2021 registered in Signature Not Verified Signed by: SHALINI LANDGE Signing time: 7/28/2023 5:02:06 PM

relation to the offence punishable under Sections 294, 324, 327, 329, 506, 147, 148 and 149 of IPC and Sections 3(2)(v) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

This repeat appeal has been filed in view of the liberty extended by this court to file an application after recording of the statements of the injured/complainant witnesses. The statements have been recorded before the trial court. It is argued that material witnesses have already been examined before the trial court and there are material contradictions and omissions in the statements of the witnesses. Applicant is in custody since 29.11.2021. There is no further requirement of custodial interrogation of the present appellant. He is

ready to abide by all the terms and conditions that may be imposed while consideration the bail application. On these grounds, he has prayed for grant of bail.

P er contra, learned counsel for the State has vehemently opposed the contentions stating that on earlier occasion the bail application has already been rejected on merits. The witnesses have been recorded before the trial court but they have not declared hostile. It is further submitted that there are contradictions and omissions in the statements of the witnesses which cannot be considered at the bail stage in view of the judgment passed by the Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chhattisgarh and others reported in 2007 Vol 11 SCC 195 . It is further argued that the case of the prosecution is medically supported. There are nine injuries inflicted on the injured including incised wounds. There is recovery of knife from the present appellant. He is also having criminal history of 12 cases. Hence, prays for dismissal of the application.

Considering the overall facts and circumstances of the case, this Court Signature Not Verified Signed by: SHALINI LANDGE Signing time: 7/28/2023 5:02:06 PM

does not deem it appropriate to allow this appeal at this stage.

The appeal is accordingly dismissed.

(VISHAL MISHRA) JUDGE Sha

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 7/28/2023 5:02:06 PM