Madhya Pradesh High Court
Munna vs The State Of Madhya Pradesh on 6 May, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 6 th OF MAY, 2024
CRIMINAL APPEAL No. 5198 of 2024
BETWEEN:-
1. MUNNA S/O SHRI LAXMI PRASAD RAJPOOT,
AGED ABOUT 48 YEARS, OCCUPATION: FARMER
VILLAGE OF GOUR POLICE STATION
GARHIMALEHRA DISTRICT CHHATARPUR
(MADHYA PRADESH)
2. SANDEEP S/O SHRI MUNNA RAJPOOT, AGED
ABOUT 22 YEARS, OCCUPATION: FARMAR
VILLAGE OF GOUR PS GARHIMALEHRA
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI B.J.CHOURASIYA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION GARHIMALEHRA DISTRICT
CHHATARPUR (MADHYA PRADESH)
2. PRAHLAD KUMAR AHIRWAR S/O SHRI
HARNARAYAN AHIRWAR, AGED ABOUT 36
Y E A R S , OCCUPATION: HEAD CONSTABLE
GARHIMALEHRA CHHATARTAPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI L.A.S.BAGHEL - GOVT. ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This is the first criminal appeal filed on behalf of the appellants under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43 2 Atrocities) Act, 1989 for grant of bail against order dated 16.04.2024 passed by Special Judge (SC/ST (POA) Act), Chhatarpur (MP) passed in B.A.No.649/2024, by which application for grant of bail was dismissed.
2. Appellants have been arrested in connection with FIR No. 228/2023, registered at Police Station Garhimalehra District Chhatarpur (M.P.) f o r the offences punishable under Sections 147, 148, 149, 186, 294, 333, 332, 336, 353 of IPC, Sections 3(1)(da), 3(1)(dha), 3(2)(v) and 3(1)(va) of SC/ST (Prevention of Atrocities) Act & 25/27 of Arms Act.
3 . It is submitted by learned counsel appearing for appellants that appellants are innocent and have falsely been implicated in the case. It is submitted that appellant is in jail since 9 months. Investigation is complete and charge-sheet has also been filed. Offence is punishable upto seven years of imprisonment except for offence under Section 333 of IPC. Looking to the long period of custody, prayer is made to release appellant on bail.
4 . Learned Government Advocate appearing for State opposed the appeal for grant of bail.
5. Heard learned counsel for the parties.
6. Considering the totality of the facts and circumstances of the case, criminal appeal filed by appellants is allowed. It is directed that on appellants' furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of trial Court concerned, they be released on bail.
7. The appellants shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43 3
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
8. C.C. as per rules.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43