Madhya Pradesh High Court
Arpit @ Golu vs The State Of Madhya Pradesh on 30 March, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 30th OF MARCH, 2022
CRIMINAL APPEAL No. 2054 of 2022
Between:-
ARPIT @ GOLU S/O ZHABARSINGH , AGED ABOUT
19 YEARS, OCCUPATION: DRIVER R/O
NYAYNAGAR GRAM KHURAMPURA THANA
THIKRI (MADHYA PRADESH)
.....APPELLANT
(BY SHRI ASHISH GUPTA, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
THIKRI (MADHYA PRADESH)
2. GOVIND S/O BABULAL JADAV , AGED ABOUT 21
YEAR S, NAYANAGAR, KHURAMPURA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI MUKESH KUMAWAT, G.A. FOR RESPONDENT NO.1/STATE
)
(BY SHRI SAMANWAY SHARMA, ADVOCATE FOR RESPONDENT
NO.2)
This appeal coming on for orders this day, the court passed the following:
ORDER
This is the first criminal appeal filed under Section 14-A (2) of SC/ST (Prevention of Atrocities) Act, 1989 against order dated 02.02.2022 passed by the Special Judge, SC/ST, Barwani, whereby the learned Judge has rejected the bail application filed by the appellant under Section 439 of Cr.P.C. to get bail in Crime No.485/2021 registered at Police Station â€" Thikri, District- Barwani for the offence under Sections 302 & 210 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Appellant is in jail since 26.10.2021.
The allegation against the appellant is of murder.
It is alleged that in the intervening night of 22/23.10.2021 the deceased was Signature Not Verified SAN sitting along with his brother Govind at Munna's otla and thereafter Govind went to Digitally signed by PANKAJ PANDEY Date: 2022.03.31 10:03:44 IST his house and the deceased remained outside the house, however, in the morning 2 they found the body of Anil. In the postmortem report it has come that the deceased has suffered as many as 16-17 injuries, which are in the form of abrasion and laceration wounds and fracture of rib. The merg intimation was recorded on 24.10.2021 by Govind himself alleging the offence by some unknown persons.
Thereafter, in the merg statement recorded by Babulal the father of the deceased on 25.10.2021 he has stated that his son Anil was in the habit of heavy drink and also used to abuse passerby and also used to beat his wife, which has led her to leave their house. It is also stated in the statement that as per the information given to him by his daughter, appellant Arpit @ Golu and co-accused Lalu had come to fetch motorcycle from Anil and also created ruckus for the same. On 25.10.2021 itself the merg statement of Govind was also recorded in which he has also stated that his brother Anil was a heavy drunker, he used to abuse every person passerby of their house and he has also admitted the dispute between the deceased and the appellant Arpit @ Golu and co-accused Lalu. Subsequently, the appellant was arrested and he in his memo prepared under Section 27 of the Evidence Act, he has admitted of having committed murder of the deceased. A shirt has also been recorded from him allegedly stained with blood, which has also been sent for FSL.
Counsel has submitted that the aforesaid circumstances clearly indicate that the appellant has been falsely implicated only on account of some person animosity as in the merg statement itself Govind has not named the present appellant and there was no reason for him not to mention the same at the time when the merg statement was got recorded by him.
Counsel appearing for the objector Shri Samanway Sharma has opposed the prayer and it is submitted that considering the fact that blood stained shirt has been found from the possession of the appellant, no case for grant of bail is made out.
Counsel for the respondent/State has also opposed the prayer. Having considered rival submissions and on perusal of the case-diary, this Court finds force with the contentions raised by the counsel for the appellant and considering the fact that it is case of circumstantial evidence and the appellant is in Signature Not Verified jail since 26.10.2021, without commenting on merits of the case, the appeal is SAN Digitally signed by PANKAJ PANDEY allowed. Accordingly, the appeal is allowed and the impugned order is set-aside.
Date: 2022.03.31 10:03:44 ISTIt is directed that the appellant shall be released on bail upon execution of 3 personal bond in the sum of Rs.50,000 (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court for his / her regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
However, it is directed that subsequently if the FSL report received by the trial Court against the appellant, this order shall stand cancelled without reference to the Court.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Accordingly, Criminal Appeal No.2054/2022 stands disposed of. C. c. as per rules.
(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified SAN Digitally signed by PANKAJ PANDEY Date: 2022.03.31 10:03:44 IST