Madhya Pradesh High Court
Ramdas Yadav vs The State Of Madhya Pradesh on 21 June, 2018
1
THE HIGH COURT OF MADHYA PRADESH
CRA. 3428/ 2018
(Ramdas Yadav Vs. State of M.P. )
Jabalpur,
Dated:21.06.2018
Shri Siddharth Kumar Sharma, learned counsel for the
appellant.
Shri Devendra Shukla, learned Panel Lawyer for the
respondent/State.
Shri Ashish Giri, learned counsel for the objector. This is first criminal appeal under Section 14-A of SC/ST (Prevention of Atrocities) Act against the impugned order dated 20.04.2018 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, District Jabalpur (M.P.) in bail application No. 1086/2018 whereby the application filed by the appellant under Section 438 of Cr.P.C. was dismissed. The applicant is apprehending his arrest under Sections 341, 294, 324, 506/34 of the IPC and Section 3(1)(a) and 3(2)(v)(a) of SC / ST Act, 1989.
Learned counsel for the appellant has submitted that he has been implicated in the case in which minor injuries were received by the complainant. He has further submitted that the matter has already been compromised between the parties and as such the appellant is entitled to get anticipatory bail.
2Learned counsel for the objector / respondent No.2 submits that the matter has already been compromised and they had also submitted an application raising no objection regarding grant of anticipatory bail to the applicant before the trail Court but the same has not been considered.
Learned counsel has also submitted that the concerning Police officer be directed to observe and record the reason necessary for the arrest of the appellant as per the direction of the Apex Court in the case of Dr. S u b h a s h K a s hin ath M a h aja n vs. S t at e of M a h ara s htra a nd a nother passed in Criminal appeal no.416/2018 decided on 20.3.2018 and by this Court in Ajeet Jain vs. S t at e of M. P. passed in Criminal appeal no. 1757/2018 decided on 4.4.2018, so that the appellant may not be harassed by unnecessary arrest. The prayer seems to be reasonable. As prima facie looking to the nature of the offence, the appellant' arrest is not warranted. Hence, in case of his arrest by the competent authority, it is expected from the Police officers concerned to observe the guidelines and directions given by the Apex court in the case of Dr. S u b h a s h K a s hinath M a h aja n vs. S t at e of M a h ara s htra a nd a nother passed in Criminal appeal no.416/2018 decided on 20.3.2018 and by this Court in Ajeet Jain vs. S t at e of M. P. passed in Criminal appeal no.1757/2018 decided on 4.4.2018.
Certified copy as per rules.
(Subodh Abhyankar) Judge Vikram Digitally signed by VIKRAM SINGH Date: 2018.06.22 11:57:34 +05'30'