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Madhya Pradesh High Court

Prahlad Singh Rajgond vs The State Of Madhya Pradesh on 25 January, 2023

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 25 th OF JANUARY, 2023
                                            CRIMINAL APPEAL No. 8361 of 2022

                          BETWEEN:-
                          PRAHLAD SINGH RAJGOND S/O JUGRAJ SINGH
                          RAJGOND, AGED ABOUT 52 YEARS, OCCUPATION:
                          AGRICULTURE, R/O VILLAGE ORIYA (JHINNA), POLICE
                          STATION AJAYGARH, DISTICT PANNA      (MADHYA
                          PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI PRATAP TARUN SINGH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION AJAYGARH, DISTRICT PANNA
                                (MADHYA PRADESH)

                          2.    DEVI SINGH @ BHURE RAJGOND S/O SHRI
                                PRAHLAD SINGH RAJGOD R/O VILLAGE ORIYA
                                (JHINNA), P.S. AJAYGARH, DISTRICT PANNA
                                (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI ABHAY SHANKAR PATHAK - GOVERNMENT ADVOCATE)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

This is repeat (2nd) criminal appeal filed on behalf of the appellant under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail against order dated 10.09.2022 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Panna (M.P.) in SCATR No.60/2022.

2 . Appellant has been arrested on 06.04.2022 in connection with Crime No.395/2020 registered at Police Station-Ajaygarh, District Panna (M.P.) for offences punishable under Sections 302, 307, 294, 506, 201 and 34 of Indian Penal Code, Section 25/27 of Arms Act and under Section 3(1)(da), 3(1)(dha), 3(2)(5A) and 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Earlier criminal appeal filed by appellant was dismissed for want of prosecution.

4. Counsel appearing for appellant submitted that appellant has not fired the gun and he had only exhorted to fire. Co-accused in the case namely Rajendra Yadav is said to have fired the gun. In view of same, no offence is made out against the appellant. Ground is also raised in bail application that he is suffering from Fistula in Ano and therefore considering his medical condition, he may be given the benefit of bail.

5. Learned Government Advocate appearing for the State opposed the criminal appeal for grant of bail. It is submitted that temporary bail was granted to appellant for his medical treatment. He has already been treated and surrendered. There are eye witnesses in the case. Appellant has killed his son and it is appellant, who exhorted to fire, and his friend has fired the gun shot which resulted in death of Gajraj. In these circumstances, criminal appeal be dismissed.

6. Heard the counsel for the parties.

7. Considering the evidence available on record, criminal appeal filed by appellant is dismissed.

(VISHAL DHAGAT) JUDGE Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 1/25/2023 5:59:12 PM 3 sp/-