Madhya Pradesh High Court
Rehan @ Rihan vs The State Of Madhya Pradesh on 17 May, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 CRA-3083-2021
The High Court Of Madhya Pradesh
CRA-3083-2021
(REHAN @ RIHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Indore, Dated : 17-05-2021
Shri Navendu Joshi, learned counsel for the appellant.
Shri Vishal Panwar, learned Panel Lawyer for the respondent/State.
Heard through video conferencing.
This is the first criminal appeal under Section 14A(2) of Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act by the appellant seeking enlargement on bail. The appellant is in custody since 7.9.2020 in connection with Crime No.440/2020 registered at P.S., Dindayal Nagar, Ratlam for the offence punishable under Section 307, 323, 324, 294, 506, 34 of IPC and under Section 3(ii)(v) of SC, ST (Prevention of Atrocities) Act.
As per the prosecution case, appellant alongwith co-accused on 6.9.2020 at about 8.30 PM with common intention attacked Golu, his brother Mahesh and the complainant Mohit Padiyar hurling filthy abuses by their caste name and caused injuries. Appellant Rehan is alleged to have caused injuries by knife and co-accused Vasim is alleged to have caused injuries by kicks and fists. Accordingly, the case has been registered against the appellant and co-accused.
Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated. The trial is in progress. Complainant Mohit Padiyar (PW-1), Golu (PW-2) and Mahesh (PW-3) have turned hostile belying the story of prosecution. The appellant has already suffered jail incarceration since 7.9.2020. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, in view of the subsequent development as referred above the appellant may be enlarged on bail on such terms and conditions as this Court deems fit and proper.
Per contra, learned Panel Lawyer for the respondent/State, opposes Signature Not VerifiedDigitally signed by SAN SMT MUKTA the bail application supporting the order impugned. She lays emphasis on the KOUSHAL Date: 2021.05.17 18:00:10 IST 2 CRA-3083-2021 statements of the complainant and other witnesses referred above recorded under Section 161 Cr.P.C.as well as the name of the accused persons referred in the FIR and submits that specific allegations have been made against the main accused persons. Hence, no case for grant of bail is made out. However, she has loss to state that after the examination before the trial Court witnesses Mohit Padiyar (PW-1), Golu (PW-2) and Mahesh (PW-3) since have turned hostile, their statements under Section 161 Cr.P.C. may not be of much significance. However, she opposes the application vehemently.
At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid 19 pandemic, the applicant is prepared to deposit a sum of Rs.1,00,000/- (Rupees One Lac only) in favour of Jila Bal Sarakshan Samiti, Ratlam (State Bank of India Account No.31863593860, IFSC Code SBIN0030437) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams or orphans living in orphanage in the city and also the sufferers of Covid 19 are dire need of such amenities/facilities. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the appellant is in jail since 7.9.2020 having no criminal antecedents, not required for custodial interrogation, the statements of witnesses Mohit Padiyar (PW-1), Golu (PW-
2) and Mahesh (PW-3) recorded under Section 161 Cr.P.C. and during Covid-19 the possibility of delay in conclusion of trial cannot be ruled out, he is held entitled for enlargement on bail.
Consequently, the application of the appellant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that Signature Not VerifiedDigitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.05.17 18:00:10 IST 3 CRA-3083-2021 the appellant be released on bail on furnishing personal bond in the sum of Rs.2,50,000/- (Rs.Two Lacs and Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant shall prepare a demand draft for Rs.1,00,000/- (Rupees one lakh only) of any Nationalized Bank in favour of Zila Bal Sanrakshan Samiti, Distt. Ratlam (State Bank of India Account No.31863593860; IFSC Code SBIN0030437) to be utilized for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanage in the city of Ratlam in dire need of such amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.
(ii) (a) the appellant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.
(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.
(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Ratlam is also directed to maintain a separate account (for production of the record as and when directed for).
(iv) the appellant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 Signature Not VerifiedDigitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.05.17 18:00:10 IST
4 CRA-3083-2021 noon.
(v) the appellant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(vi) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order.
(vii) in the event of violation of any of the terms and conditions of the order by the appellant, the prosecution is at liberty to seek cancellation of the bail granted to the appellant.
(viii) in future, if the appellant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.
E-certified copy as per rules.
(ROHIT ARYA)
V. JUDGE
MK
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SMT MUKTA
KOUSHAL
Date: 2021.05.17
18:00:10 IST