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Supreme Court - Daily Orders

Laxman Singh Chauhan@Raja Chauhan vs The State Of Madhya Pradesh on 29 August, 2018

Bench: Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta

                                                      1

     ITEM NO.6                               COURT NO.3               SECTION II-A

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

              Petition(s) for Special Leave to Appeal (Crl.)              No(s).6868/2018

     (Arising out of impugned final judgment and order dated 23-07-2018
     in CRA No. 4762/2018 passed by the High Court of M.P. at Gwalior)

     LAXMAN SINGH CHAUHAN@RAJA CHAUHAN                                    Petitioner(s)

                                                     VERSUS

     THE STATE OF MADHYA PRADESH & ANR.                                   Respondent(s)

     (WITH I.R. and IA No.116570/2018-EXEMPTION FROM FILING O.T.)

     Date : 29-08-2018 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE MADAN B. LOKUR
                            HON'BLE MR. JUSTICE S. ABDUL NAZEER
                            HON'BLE MR. JUSTICE DEEPAK GUPTA

     For Petitioner(s)                 Mr.   prashant Shukla, Adv.
                                       Mr.   Divyesh Pratap Singh, Adv.
                                       Ms.   Anushree Mishra, Adv.
                                       Mr.   Digant Kallor Deo, Adv.
                                       Mr.   Akshay Kumar, Adv.
                                       Mr.   Abhinav Ramkrishna, AOR

     For Respondent(s)



                          UPON hearing the counsel the Court made the following
                                                 O R D E R

Exemption from filing O.T. granted.

This special leave petition for anticipatory bail is directed against the order dated 23rd July, 2018 passed by the High Court of Madhya Pradesh at Gwalior. Signature Not Verified We have gone through the FIR dated 3 rd April, 2018 and Digitally signed by SANJAY KUMAR Date: 2018.08.29 17:22:56 IST Reason: find that there is no allegation against the petitioner with regard to any violation of any provision of the 2 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

We find that the public prosecutor had aruged before the High Court that there is a bar to grant of bail under Section 18 of the aforesaid Act, but since no allegation has been made in this regard, we are of the opinion that the submission made by the public prosecutor prima facie appears to be unjustified.

Under the circumstances, issue notice returnable in four weeks from today.

In the meanwhile, in the event of the petitioner’s arrest, he may be released on bail on such terms and conditions as may be deemed appropriate by the Trial Court.



 (SANJAY KUMAR-I)                            (KAILASH CHANDER)
    AR-CUM-PS                               ASSISTANT REGISTRAR