Madhya Pradesh High Court
Sanju @ Sanjay 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. 5238 of 2024
BETWEEN:-
SANJU @ SANJAY S/O RAJBAHADHUR RAJPUT, AGED
ABOUT 33 YEARS, OCCUPATION: FARMER RESIDENT
O F VILLAGE GAUR POLICE STATION GADIMALHARA
DISTRICDT 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)
2. PRAHALAD SHIRWAR S/O RAM SINGH AHIRWAR,
AGED ABOUT 42 YEARS, VILLAGE GAUR PS
GADIMALHARA (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 appellant 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 . Appellant has been arrested in connection with FIR No. 228/2023, Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43 2 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 appellant that appellant is innocent and has falsely been implicated in the case. In earlier application, appellant was granted liberty to file repeat application after sometime (four months). 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. It is submitted that appellant is having three criminal records registered against him.
5. Heard learned counsel for the parties.
6. Considering the totality of the facts and circumstances of the case, criminal appeal filed by appellant is allowed on following conditions :
(i) Appellant will mark his presence before local police station on 1st of every month till completion of trial ;
(iii) If appellant is found to be involved in any other offence in future or threatens witnesses of the case, then the prosecution is at liberty to move an application for cancellation of bail;
(iv) Appellant will not seek unnecessary adjournments and will reg u la rly appear on all dates except the exceptional circumstances.
7. It is directed that on appellant's furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43 3 like amount to the satisfaction of trial Court concerned, he be released on bail.
8. The appellant 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.
9. C.C. as per rules.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43