Madhya Pradesh High Court
Sunderlal vs The State Of Madhya Pradesh on 29 June, 2018
1 CRA-4027-2018
The High Court Of Madhya Pradesh
CRA-4027-2018
(SUNDERLAL Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 29-06-2018
Shri Baboo Ji Chourasia, Advocate for the appellants.
Shri Manoj Kushwaha, PL for the respondent/State.
None for the respondent no.2 / victim.
Heard.
This is an appeal filed under Section 14-A of the SC / ST (Prevention of Atrocities) Act against the impugned order dated 11.4.2018 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, Chhatarpur in bail application no.67/2018 whereby the application filed by the appellant under Section 438 of the Cr.P.C. was dismissed.
The appellants are apprehending their arrest in connection with Crime No. 48/17 Police Station - Sarbai, District - Chhatarpur offences registered under sections 294, 323, 506-B/34 of I.P.C. and under Section 3 (1) (r), 3 (2) (s) and 3 (2) (5-a) of the SC / ST (Prevention of Atrocities) Act.
The allegations against the appellants are that they assaulted and abused and threatened to the life of the complainant who belongs to the scheduled caste community.
It is submitted that the appellants are innocent. They have been falsely implicated in this case. There is no material to establish the offence. Hence, this appeal be allowed by setting-aside the impugned order and appellants be enlarged on anticipatory bail.
Learned PL opposing the submissions made on behalf of the appellants has prayed for rejection of the anticipatory bail and also stated that in view of the averments in the FIR and other evidence collected during investigation, all the ingredients are established and disclosing commission of offence punishable under Section SC/ST (Prevention of Atrocities)Act. Hence, the appeal be disallowed.
Having considered the contentions of learned counsel for the parties and on perusal of the record, in view of this court, prima facie it is established that the appellants have committed the aforesaid crime. Hence, in view of provisions of Section 18 of the SC/ST (Prevention of Atrocities) Act, they are not entitled to get the benefit of anticipatory 2 CRA-4027-2018 bail. Hence, the prayer is rejected.
Learned counsel has also submitted that the concerning Police officer be directed to observe and record the reason necessary for the arrest of the appellants as per the direction of the Apex Court in the case o f Dr. Subhash Kashinath Mahajan vs. State of Maharashtra and another passed in Criminal appeal no.416/2018 decided on 20.3.2018 and by this Court in Ajeet Jain vs. State of M.P. passed in Criminal appeal no. 1757/2018 decided on 4.4.2018, so that the appellants may not be harassed by unnecessary arrest. The prayer seems to be reasonable. As prima facie looking to the nature of the offence, the appellants' arrest is not warranted. Hence, in case of their arrest by the competent authority, it is expected from the Police officers concerned to observe the guidelines and directions given by the Apex court in the case o f Dr. Subhash Kashinath Mahajan vs. State of Maharashtra and another passed in Criminal appeal no.416/2018 decided on 20.3.2018 and by this Court in Ajeet Jain vs. State of M.P. passed in Criminal appeal no. 1757/2018 decided on 4.4.2018.
CC as per rules.
(J. P. GUPTA) JUDGE JP Digitally signed by JITENDRA KUMAR PAROUHA Date: 2018.06.29 16:49:16 +05'30'