Madhya Pradesh High Court
Kaji Abul Kalam vs The State Of Madhya Pradesh on 10 October, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 10 th OF OCTOBER, 2023
CRIMINAL APPEAL No. 12147 of 2023
BETWEEN:-
KAJI ABUL KALAM S/O SALIMUDDIN OCCUPATION:
SHAHAR KAJI, R/O: KHARI BAWARI DISTT. DEWAS
(MADHYA PRADESH)
.....APPELLANT
(SHRI AJAY BAGADIA - SENIOR ADVOCATE ALONGWITH SHRI
GAJENDRA SINGH CHOUHAN - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION INDUSTRIAL
AREA, DEWAS (MADHYA PRADESH)
2. AMAN @ NANNHA SOLANI S/O RAMESH SOLANKI,
AGED ABOUT 23 YEARS, OCCUPATION; N.A. R/O:
MALHAR COLONY, DEWAS, INDUSTRIAL AREA, DEWAS
.....RESPONDENTS
(SHRI VISHAL PANWAR - ADVOCATE FOR THE COMPLAINANT AND
SHRI K.K.TIWARI GOVERNMENT ADVOCATE ALONGWITH SHRI AMIT
RAWAL - GOVERNMENT ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Appellant has filed this first criminal appeal under Section 14-A of the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 read
with Section 438 of the Code of Criminal Procedure, 1973 on behalf of the
appellant for grant of anticipatory bail relating to Crime No.833/2023 registered
at P.S. Industrial Area, District Dewas (M.P.) for commission of offence
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 11-10-2023
11:12:23
punishable under Sections 294, 336, 307 of IPC and Sections 25 and 27 of
Arms Act and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of SC/ ST Act.
2. As per prosecution story, on 31.08.2023, about 12:50, when the
complainant was going to his house situated at Silver Park. When he reached
the temple of Bholenath, present appellant came there and asked the
complainant that who acted wrong with his wife and started abusing him. On
objecting the same, present appellant has taken out the pistol, then the
complainant ran away and heard the noise of two fires. It is also stated that due
to fear, the complainant not informed the Police Station immediately. On
01.09.2023, he reached police station alongwith his sister and lodged the FIR.
Accordingly, offence has been registered against the appellant.
3. Learned counsel for the appellant submits that the appellant is an
innocent person and he has been falsely implicated in this offence. He is a
reputed person and holding a post of "Shahr Kazi" for long back. Present FIR
is the counter blast of the FIR registered at the instance of the present appellant
on 30.08.2023 at Crime No.829/2023 against 10 accused persons for
committing misbehaving with the wife of the present appellant. No sign of fire
was found on the spot nor the empty bullet was found there. If the appellant is
arrested there may be chances of communal riots. He never used any word
against any community. Therefore, no offence under SC/ST (Prevention of
Atrocities) Act has been made out against him. He is a permanent resident of
district Dewas and is sole bread earner. Final conclusion of the trial is likely to
take sufficient long time. Under the above circumstances, prayer for grant of
bail may be considered on such terms and conditions, as this Court deems fit
and proper.
In support of his contention, learned counsel for the appellant has placed
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 11-10-2023
11:12:23
reliance upon the order dated 24.07.2019 passed by the III ASJ, Dewas in the
case of State of M.P. Vs. Ibrahim and 19 cases.
4. Per contra, learned counsel for the respondent / State opposes the
criminal appeal and prays for its rejection by submitting that 3-4 criminal
antecedents have been found against the present appellant. complainant Aman
has supported the prosecution story in his statement recorded under Section
164 of Cr.P.C. Video footage of the incident is available, which also supports
the prosecution story. As per the provision of Section 18 of SC/ST Act,
anticipatory bail is not maintainable in the instant case. Hence, appellant is not
entitled to be released on anticipatory bail.
5. Perused the impugned order of the trial Court and the case diary as
well as the documents filed by both the parties and pen drive filed by the
respondents.
6. From perusal of the case diary, it reveals that complainant Aman in his
statement recorded under Section 164 of Cr.P.C. has categorically stated that
appellant has abused him in caste related slurs, therefore, at this stage, it cannot
be said that no offence under Section 3(1)(s) and 3(2)(v) of SC/ST (Prevention
of Atrocities) Act is made out in the instant case, therefore, there is specific bar
under Section 18 of the said Act for anticipatory bail. During the investigation,
pistol holder has been recovered from the possession of the present appellant.
Appellant has filed his arms licence, therefore, it is also proved that appellant is
having pistol. Complainant in his statement recorded under Section 164 of
Cr.P.C. has also corroborated the prosecution case. Several criminal
antecedents have been found against the present appellant. Appellant has
categorically mentioned in para 3 of his objection that "if the appellant is
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 11-10-2023
11:12:23
arrested, there may be chances of communal riots". These words are also
indicative of a threat to incite communal riots.
7. In view of the above, this Court is not inclined to grant anticipatory
bail to the present appellant.
8. Accordingly, the present criminal appeal under Section 14-A of the
SC/ST (Prevention of Atrocities) Act read with Section 438 of Cr.P.C. is
rejected.
9. However, concerning police authorities are directed to ensure the
necessary compliance of judgment dated 31.07.2023 passed by Hon'ble the
Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs. State
of Jharkhand and Others) regarding applicability of the provisions of Section 41
of Cr.P.C.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Anushree
Signature Not Verified
Signed by: ANUSHREE
PANDEY
Signing time: 11-10-2023
11:12:23
