Madhya Pradesh High Court
Kamal Singh Lodhi vs State Of Madhya Pradesh on 20 July, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 20th OF JULY, 2022
CRIMINAL APPEAL No. 4881 of 2022
Between:-
KAMAL SINGH LODHI S/O NANHE LODHI, AGED
ABOUT 40 YEARS, OCCUPATION: AGRICULTURE
GRAM MANGOLA, POLICE STATION MAGRON
DISTRICT DAMOH (MADHYA PRADESH)
.....APPELLANT
(BY MR. NEERAJ PATHAK, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
POLICE STATION DAMOH DEHAT DISTRICT
DAMOH (MADHYA PRADESH)
2. VICTIM X THROUGH POLICE STATION DAMOH
DISTRICT DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY MR. AKSHAY NAMDEO, GOVERNMENT ADVOCATE)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
Apprehending his arrest in Crime No.49/2022 registered at Police Station Damoh Dehat, District Damoh, for the offence punishable under Sections 363, 376, 367D, 506 of the Indian Penal Code and Sections 3(1)w(i), 3(2)(5), 3(2) 5a of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant has filed this first Criminal Appeal under Section 14-A of the Signature Not Verified SAN SC/ST Act for grant of anticipatory bail.
Digitally signed by DEVASHISH MISHRADate: 2022.07.21 09:19:01 IST Learned counsel for the appellant submits that the appellant is innocent 2 and has falsely been implicated in the alleged offence. He also submits that facing the similar allegation, the other co-accused person has already been enlarged on bail this Court. Therefore, he prays that considering the aforesaid, the appellant may be granted the benefit of anticipatory bail.
On the other hand, learned Government Advocate has opposed the prayer of bail and submitted that the present appellant cannot claim parity with that of other co-accused person because he was granted bail on an application filed under Section 439 of the Code of Criminal Procedure whereas by this appeal, the appellant is seeking anticipatory bail.
Faced with this, learned counsel for the appellant seeks withdrawal of the appeal with liberty to move a regular bail application before the trial Court.
Permission is granted.
With the aforesaid liberty, this appeal stands dismissed as withdrawn. However, if any application seeking regular bail is filed on behalf of the appellant, then the trial Court shall consider it possibly on the same day.
(SANJAY DWIVEDI) JUDGE Devashish Signature Not Verified SAN Digitally signed by DEVASHISH MISHRA Date: 2022.07.21 09:19:01 IST