Madhya Pradesh High Court
Sheikh Kaleem Khan @ Haseen Khan vs The State Of Madhya Pradesh on 24 October, 2017
THE HIGH COURT OF MADHYA PRADESH
CRA-3962-2017
(SHEIKH KALEEM KHAN @ HASEEN KHAN Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 24-10-2017
Shri Umesh Trivedi, learned counsel for the appellant.
Shri Rajesh Tiwari, learned G.A. for the respondent No.1/State.
None present from the respondent No.2/complainant despite compliance of provision of Section 15(A)(III) of SC/ST (Prevention of Atrocities) Act by the respondent No.1.
Case diary perused and arguments heard.
This criminal appeal has been filed under Section 14 A(2) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 24/08/2017 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Sehore in Special Case No.67/2017 whereby learned Special Judge rejected the bail application filed by the appellant Sheikh Kaleem Khan @ Haseen Khan under Section 439 of Cr.P.C. to get bail in Crime No.158/2017 registered at P.S. Rehti, District Sehore for the offences punishable under Sections 366, 376, 34 of the I.P.C. and also under Sections 3 (2) (v), 3(2)(v-
a) of SC/ST (Prevention of Atrocities) Act 1989. As per prosecution case, on 24/01/2017 Altaf Khan and Ganesh came to prosecutrix's house situated at Village Sagonia and took her to Budhani and where they kept her in appellant's house for a month. Where co-accused Ganesh tried to rape with her. Thereafter co-accused Altaf Khan took her to village Khamkheda and kept her in the house of other co-accused Munawwar. Where Munawwar committed rape with her. On which police registered Crime No.158/2017 for the offences punishable under Sections 366, 376, 34 of the I.P.C. and also under Sections 3 (2) (v), 3(2)(v-
a) of SC/ST (Prevention of Atrocities) Act 1989 and investigated the matter. During investigation on 07/07/2017 Police arrested the appellant. On that appellant filed an application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Sehore vide order dated 24/08/2017. Being aggrieved by the impugned order, appellant filed this Criminal Appeal. Learned counsel for the appellant submitted that the applicant is innocent person and has falsely been implicated in this matter. Conclusion of trial will take considerable time. The appellant is in custody since 07/07/2017, so appellant be released on bail. Learned counsel for the State opposed the prayer made by the appellant.
Looking to the facts and circumstances of the case and as to the fact that prosecutrix was major and there is no allegation against the appellant that he committed rape with her. Appellant is in custody since 07/07/2017 and conclusion of trial will take time, without commenting on merit, the appeal is allowed. It is directed that the appellant be released on bail on his furnishing personal bond in the sum of Rs.50,000/ (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of Trial Court.
This order will remain operative subject to compliance of the following conditions by the appellant :-
1. The appellant will comply with all the terms and conditions of the bond executed by him;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Accordingly, appeal is disposed of.
CC as per rules.
(RAJEEV KUMAR DUBEY) JUDGE dixit