Madhya Pradesh High Court
Ramteke Ram Sadanand Ramteke vs The State Of Madhya Pradesh on 3 February, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1241 of 2023
(RAMTEKE RAM SADANAND RAMTEKE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 03-02-2023
Shri Vivek Shukla - Advocate for the appellant.
Shri Vivek Lakhera - Government Advocate for the respondent/State.
T h e appellant has filed this criminal appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 09.12.2022 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Sidhi in connection with SCATR No.30/2022 registered at Police Station-Majhouli , District- Sidhi for offences punishable u/s 379, 294, 323 and 506 of IPC and section 3(1-10) of SC/ST (POA) Act whereby application of the appellant under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected.
It is the submission of learned counsel for the appellant that he himself is a member of scheduled caste and therefore, offence under Atrocities Act is not attributable over him. It is further submitted that at the relevant point of time, he was working as Branch Manager of Union Bank of India, Majhouli, District Sidhi. Complainant/respondent No.2 herein took some loan and defalcated. Therefore, his tractor was taken by the Bank because it was hypotheticated in favour of bank. Therefore, false case has been registered against him. Confinement may bring social disrepute and personal inconvenience and other than atrocities Act all offences fall under the category of judgment rendered by Apex Court in case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. Private complaint is of the year 2010.
Till next date of hearing, appellant shall not be arrested by the Arresting Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/4/2023 12:27:16 PM 2 Officer if he is ready to furnish the bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/Investigating Officer. Conditions as enumerated under Section 438(2) of Cr.P.C. with the caveat that he shall not intimidate or influence the complainant/witnesses in any manner.
Let notice be issued to respondent No.2/complainant on payment of process fee by Registered A.D. mode within three working days, returnable within two weeks.
List this case after two weeks for further orders.
(ANAND PATHAK) JUDGE pnm Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/4/2023 12:27:16 PM