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Madhya Pradesh High Court

Jodharam Tanwar vs The State Of Madhya Pradesh on 24 July, 2018

                                1                                CRA-4905-2018
       The High Court Of Madhya Pradesh
                  CRA-4905-2018
              (JODHARAM TANWAR Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 24-07-2018
      Shri R.S. Verma, Advocate for the appellants.
      Shri Arvind Singh, Govt. Adv. for the respondent No.1/State.

None present from the respondent No.2/complainant despite compliance of provision of Section 15(A)(III) of SC/ST (Prevention of Atrocities) Act by the respondent No.1.

Case diary perused and arguments heard.

This criminal appeal has been filed under Section 14 (A) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 27/6/2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in Spl.Case no.SC48/2018; whereby learned Special Judge rejected the bail application filed by appellants Jodharam Tanwar, Sunil Tanwar and Braj Tanwar, under Section 439 of Cr.P.C. to get bail in Crime No.81/2018 registered at P.S. Najeerabad, Distt. Bhopal (M.P.) for the offences punishable under Section 294, 323 and 506-B/34 of I.P.C.and also under Section 3(1)(r(S) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act 1989.

As per prosecution case, on 5/4/2018 at about 10 p.m., appellants abused complainant Chhitarlal and when complainant denied, the appellants also assaulted him by stick and also threatened to kill him. On the incident, the complainant sustained injury on his head. On the report of the complainant, police registered Crime no.81/2018 registered at P.S. Najeerabad, Distt. Bhopal (M.P.) for the offences punishable under Section 294, 323 and 506-B/34 of I.P.C.and also under Section 3(1)(r(S) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act 1989 and investigated the matter. During investigation on 12/6/2018 police arrested the appellants. On that, appellants filed an application under Section 439 of Cr.P.C. for releasing them on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 19/12/2017. Being aggrieved by the impugned order, appellants filed this Criminal Appeal.

Learned counsel for the appellants submitted that appellants are innocent and have falsely been implicated in this matter. The appellants are in custody since 12/6/2018. Charge sheet has been filed and conclusion of trial will take time, so appellants be released on bail.

2 CRA-4905-2018 Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case and as to the fact that the appellants are in custody since 12/6/2018, charge sheet has been filed and conclusion of trial will take time, so without commenting on merit, the appeal is allowed. It is directed that appellants namely Jodharam Tanwar, Sunil Tanwar and Braj Tanwar be released on bail on their furnishing personal bond in the sum of Rs.50,000/ (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the appellants :

1. The appellants will comply with all the terms and conditions of the bond executed by them;

2. The appellants will cooperate in the trial;

3. The appellants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The appellants shall not commit an offence similar to the offence of which they are accused;

5. The appellants will not seek unnecessary adjournments during the trial; and

6. The appellants will not leave India without previous permission of the trial Court.

A copy of this order be sent to the Court concerned for compliance. C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE m/-