Phool Singh vs The State Of Madhya Pradesh on 6 May, 2024

[Cites 14, Cited by 0]

Madhya Pradesh High Court

Phool Singh vs The State Of Madhya Pradesh on 6 May, 2024

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. 5248 of 2024

                           BETWEEN:-
                           1.    PHOOL SINGH S/O SHRI LAXMI PRASAD, AGED
                                 ABOUT   55   YEARS, OCCUPATION: FARMER
                                 RESIDENT OF VILLAGE GAUR POLICE STATION
                                 GADIMALHARA     DISTRICDT    CHHATARPUR
                                 (MADHYA PRADESH)

                           2.    BRAJENDRA S/O PHOOL SINGH, AGED ABOUT 19
                                 YEAR S , OCCUPATION: FARMER RESIDENT OF
                                 VILLAGE      GAUR,     POLICE     STATION
                                 GADIMALHARA,      DISTRICT    CHHATARPUR
                                 (MADHYA PRADESH)

                           3.    RAJBAHADHUR S/O LAXMI PRASAD, AGED
                                 ABOUT   59   YEARS, OCCUPATION: FARMER
                                 RESIDENT OF VILLAGE GAUR, POLICE STATION
                                 GADIMALHARA,     DISTRICT    CHHATARPUR
                                 (MADHYA PRADESH)

                           4.    MANOJ S/O SHIV SINGH, AGED ABOUT 32 YEARS,
                                 OCCUPATION: FARMER RESIDENT OF VILLAGE
                                 GAUR,   POLICE    STATION   GADIMALHARA,
                                 DISTRICT CHHATARPUR (MADHYA PRADESH)

                           5.    RAVINDRA @ RIBBU S/O RAJBAHADHUR, AGED
                                 ABOUT   30   YEARS, OCCUPATION: FARMER
                                 RESIDENT OF VILLAGE GAUR, POLICE STATION
                                 GADIMALHARA,     DISTRICT    CHHATARPUR
                                 (MADHYA PRADESH)

                                                                              .....APPELLANT
                           (BY SHRI SOURABH SINGH THAKUR - ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE   STATION GADIMALHARA DISTRICT
                                 CHHATARPUR (MADHYA PRADESH)

Signature Not Verified
Signed by: NEETI TIWARI
Signing time: 07-05-2024
13:25:43
                                                        2
                           2.    LAXMAN DAS PRAJAPATI S/O HARI PRAJAPATI
                                 OCCUPATION: MAJOR RESIDENT OF VILLAGE
                                 BAIRIHA, POLICE STATION GADIMALHARA,
                                 DISTRICT CHHATARPUR (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 second criminal appeal filed on behalf of the appellants under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail against order dated 20.04.2024 passed by Special Judge (SC/ST (POA) Act), Chhatarpur (MP) passed in B.A.No.2010/2024, 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 Gadi Malhara District Chhatarpur (M.P.) fo r the offences punishable under Sections 147, 148, 149, 186, 294, 323, 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.

Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43 3

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;

(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

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court