Deepak Bhaat vs The State Of Madhya Pradesh on 20 January, 2023

[Cites 8, Cited by 1]

Madhya Pradesh High Court

Deepak Bhaat vs The State Of Madhya Pradesh on 20 January, 2023

Bench: Rajendra Kumar Verma

                                                            1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                              ON THE 20 th OF JANUARY, 2023
                                            CRIMINAL APPEAL No. 636 of 2023

                          BETWEEN:-
                          DEEPAK BHAAT S/O VEER SINGH BHAAT, AGED ABOUT
                          26 YEARS, OCCUPATION: LABOUR R/O NEAR BALAJI
                          MANDIR ASFABAD ITARSI TAHSIL ITARSI DISTRICT
                          NARMADAPURAM (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI MOHAMMAD SIDDEEQUE- ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH P.S.
                                ITARSI DISTRICT NARMADAPURAM (MADHYA
                                PRADESH)

                          2.    AJAY S/O RAKESH UIKE R/O BALAJI MANDIR
                                NEAR GANDHI NAGAR ITARSI DISTRICT
                                NARMADAPURAM (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI VIJAY PANDEY - PANEL LAWYER FOR STATE)

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

                          following:
                                                             ORDER

Appellant has preferred this appeal under Section 14-A(1) of the SC/ST (PA) Act, 1989 feeling aggrieved with the order dated 25.11.2022, passed in bail application No. 622 of 2022 passed by Special Judge (SC/ST (PA) Act), Narmadapuram (M.P.) whereby the prayer for regular bail has been declined.

Appellant has been arrested on 31.10.2022 in connection with crime No.809/2022, registered at Police Station- Itarsi District Narmadapuram in Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 1/20/2023 6:09:24 PM 2 relation to offence punishable under Sections 294, 323, 326, 506, 34 of IPC, and under Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

Learned counsel for the appellants submitted that the appellant is innocent and he has been falsely implicated in the present crime. In this case charge sheet has been filed and co-accused/Vishal Bhaat has been released on bail by learned trial court. He is in custody since 31.10.2022 and conclusion of trial will take sufficient long time. Under these circumstances, counsel prayed for bail to the appellant.

Learned Panel Lawyer for the respondent/State opposed the appeal and prayed for its rejection on the ground that the appellant has criminal antecedents of 7 cases.

Considering the facts and circumstance of the case and the arguments advanced by learned counsel for the parties, but without expressing any opinion on the merits of the case, this Court is of the view that the appeal filed by the appellants deserves to be accepted.

Consequently, setting aside the impugned order, the appeal is hereby allowed. It is directed that the appellant shall be released on bail on execution o f personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

They shall also mark his presence before the concerned police station on every first and third Saturday of every month between 10:00 AM to 12:00 noon.

This order shall be effective till the end of the trial, however, in case of breach of any condition, it shall become ineffective.

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 1/20/2023 6:09:24 PM 3

Accordingly, the appeal is allowed and disposed off. Pending IAs, if any, are also disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE tarun Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 1/20/2023 6:09:24 PM

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court