Madhya Pradesh High Court
Khemchandra vs The State Of Madhya Pradesh on 29 January, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 29 th OF JANUARY, 2024
CRIMINAL APPEAL No. 764 of 2024
BETWEEN:-
KHEMCHANDRA S/O KALICHARAN VERMA SEN, AGED
ABOUT 36 YEARS, OCCUPATION: PRIVATE WORK R/O
VIRENDRA COLONY NAWGONG P.S.NAWGONG
DISTRICT CHHATARPUR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI MANOJ KUMAR MISHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION NAWGONG DISTRICT
CHHATARPUR (MADHYA PRADESH)
2. COMPLAINANT BHUPENDRA ANURAGI S/O
RAMLAL ANURAGI R/O VIRENDRA COLONY
NAWGONG P.S.NAWGONG DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI C.M. TIWARI - GOVT. ADVOCATE )
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This is the first appeal filed by the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act in connection with FIR/Crime No.780/2023 dated 17.11.2023 registered at Police Station Nowgaon, District Chhatarpur for the offences punishable under Sections 307, 294, 506, 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(v-a) of the SC/ST (Prevention Signature Not Verified of Atrocities) Act.
Signed by: PRADYUMNA BARVE Signing time: 1/30/2024 12:34:29 PM 22. The counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case. As per the allegation, the appellant inflicted injury on the complainant with a "Cricket Bat", however, the injury sustained by the complainant is not grievous and the complainant was discharged from the hospital after four days. It is further contended that the appellant has no criminal antecedents. The investigation in the matter is complete and charge sheet has already been filed. The appellant is in custody since 19.11.2023 and trial will take considerable time to conclude, therefore, the appellant be released on bail.
3. Learned counsel for the State has opposed the prayer for bail and submitted that taking into consideration the allegation and overt act on the part of the appellant, the appellant is not entitled to be released on bail. However, the counsel for the State does not dispute that the appellant has no criminal antecedents.
4. Having heard the submissions advanced on behalf of the parties and on perusal of case diary, it reflects that as per allegations the appellant inflicted injury on the complainant with a Bat and as per medical report, fracture of Maxillary Sinus bone has been sustained by the appellant.
5. Looking to the totality of the facts and circumstances of the case, the fact that the appellant is a first offender, period of his incarceration and also the fact that trial would take considerable time to conclude, this Court deems it to be a fit case to release the appellant on bail, therefore, without commenting on the merit of the case, this appeal is allowed.
6. It is directed that appellant Khemchandra shall be released on bail on his furnishing a personal bond in a sum o f Rs.50,000/- (Rupees Fifty Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 1/30/2024 12:34:29 PM 3 Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before said Court on all such dates as may be fixed in this regard during pendency of trial.
7. It is directed that the appellant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.
(MANINDER S. BHATTI) JUDGE PB Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 1/30/2024 12:34:29 PM