Madhya Pradesh High Court
Narendra @ Virendra vs The State Of Madhya Pradesh on 10 March, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
CRA No.2374/2022
(NARENDRA @ VIRENDRA VS. STATE OF M.P. & ANR.)
Gwalior, Dated : 10/03/2022
Shri R.K.S.Kushwah, learned counsel for the applicant.
Shri C.P.Singh, learned counsel for the State.
None for the respondent No. 2/complainant.
It is submitted by the counsel for the State that the complainant has been informed about the pendency of this appeal as required under Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "Act").
Case diary is available.
This first appeal has been filed under Section 14-A (2) of the Act against the order dated 20/01/2022 passed by Special Judge (Atrocities Act) Gwalior, rejecting the bail application.
The appellant has been arrested on 06/12/2021 in connection with Crime No.307/2021 registered by Police Station Pichhore, District Gwalior for offence punishable under Sections 323, 294, 506, 302 and 34 of IPC and Sections 3(2)(va), 3(1)(r)(s) of the Act.
It is submitted by the counsel for the appellant that according to the prosecution case, the appellant and another co-accused had assaulted the injured by fists and blows. The FIR was lodged by the injured himself. Later on, the deceased died on account of internal damage to his spleen. The applicant was not aware of the fact that his assault may result in rupturing his spleen and was not aware that 2 THE HIGH COURT OF MADHYA PRADESH CRA No.2374/2022 (NARENDRA @ VIRENDRA VS. STATE OF M.P. & ANR.) injured/deceased had enlarged spleen. He is in jail from 06/12/2021 i.e. three months. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the appeal is vehemently opposed by the counsel for the State. There is nothing on record to show that the applicant was aware of the fact that the deceased was having enlarged spleen.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the appeal is allowed. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.03.11
12:05:49 -08'00'