Madhya Pradesh High Court
Ganga vs The State Of Madhya Pradesh on 3 January, 2018
CRA.5454/2017.
(Ganga & Others Vs. State of M.P).
Gwalior, Dated : 03/01/18
Shri Rajmani Bansal, learned counsel, for the
appellants.
Shri Rajesh Pathak, learned Public Prosecutor, for
the respondent/State.
Learned Public Prosecutor has made an open-court
statement that the concerned police station had served
a notice in writing upon respondent No.2/complainant
regarding the filing and hearing of this appeal.
At the time of hearing of the appeal, neither
complainant nor his counsel is found present before this
Court.
With the consent of learned counsel for the parties
present, the appeal is heard finally at motion stage and
the following order is passed:
ORDER
1. The appellants have filed this appeal under Section 14 (A) (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act").
2. The short facts of the case for deciding the appeal are that on 4.10.2017 complainant Chhitarlal lodged the FIR at Police Station Maksudangarh of Guna district stating that he is a member of the Scheduled Caste. He owes a parcel of agricultural land bearing Survey No.209/2G area 0.500 Hectares (for short the land) in village Torai. He had sown the crops of Tilli (lin seed), CRA.5454/2017.
(Ganga & Others Vs. State of M.P).
the Jawar and maize. On 26.9.2017, all the appellants namely Ganga, Premnarayan, Mohan and Hakim brought their domestic animals on the land and made them graze the crops. When he opposed their acts, they hurled filthy abuses at him and humiliated him by giving abuses in his caste name as well. The police registered the FIR at Crime No.59 of 2017 against all the appellants for the offences punishable under Sections 447, 294, 506 and 34 of the I.P.C and 3 (1)
(r) (s) of the Act.
3. The appellants filed the bail application under Section 439 of the CrPC before the Special Judge (Atrocities) Guna. Learned Special Judge dismissed their bail application holding that the land is given to the complainant on patta by the State Government and the appellants have not been allowing him to cultivate the land.
4. Feeling aggrieved by the impugned order of rejection for grant of bail, the appellants have filed this appeal.
5. Learned counsel for the appellants submits that the appellants are in custody in the case since 9/11/2017 and that the charge-sheet had been filed. He submits that as per the FIR, the date of incident is 26.9.2017 but the complainant lodged the FIR on 4.10.2017. As such, there is a delay of near about eight days. He submits that in fact, the appellants have CRA.5454/2017.
(Ganga & Others Vs. State of M.P).
possession over the land since long and they are cultivating the same. The complainant has lodged the false FIR suppressing the true facts of the case. He submits that all the appellants are real brothers and they have no criminal antecedents. He submits that the appellants are the permanent residents of village Torai, the place of occurrence. Upon these submissions, he prays to grant bail to the appellants by allowing the appeal and setting aside the impugned order.
6. Learned Public Prosecutor has opposed the prayer.
7. Taking into consideration the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel, the nature of allegations levelled against the appellants, the filing of the charge-sheet against the appellants and the delay in lodgment of the FIR, but without commenting on merits of the case, I am of the opinion that the appellants deserve to be enlarged on bail. Consequently, I allow the appeal setting aside the impugned order of rejection for grant of bail. Learned Special Judge (Atrocities) Guna is directed to release appellants namely Ganga, Prem, Mohan and Hukum on bail upon each of them furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) with one solvent surety of the same amount to his satisfaction for securing their presence in the course of trial of the case. The appellants shall abide by all the conditions CRA.5454/2017.
(Ganga & Others Vs. State of M.P).
enumerated in Section 437 (3) of the CrPC. In case of bail jump, the concerned Court will have power to cancel the bail of the defaulter appellant.
8. Accordingly, the appeal stands disposed of.
Certified copy as per rules.
(Rajendra Mahajan)
(Rks) Judge
R. K. SHARMA
2018.01.04 12:45:38
+05'30'