Madhya Pradesh High Court
Virendra vs The State Of Madhya Pradesh on 25 November, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 25th OF NOVEMBER, 2022
CRIMINAL APPEAL No. 10298 of 2022
BETWEEN:-
VIRENDRA S/O BALRAM AHIRWAR, AGED
ABOUT 45 YEARS, OCCUPATION: CONSTABLE
(M.P. POLICE) R/O NEW POLICE LINE COLONY,
F/7 DAMOH (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SHARAD VERMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION HATTA DISTRICT DAMOH
(MADHYA PRADESH)
2. HARIKRISHNA TANTUWAY S/O LATE
DAMODAR PRASAD KORI, AGED ABOUT 40
YEAR S , R/O RAMGOPAL JI WARD, HATTA,
DISTRICT DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI DILIP SHRIVASTAVA - GOVERNMENT ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This second criminal appeal has been filed under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 31.05.2021 passed by the Special Judge, Damoh; whereby, the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected. His first application was dismissed on merit vide order dated 22.09.2021 passed in Cr.A. No.3704 of 2021.
Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 11/25/2022 6:24:08 PM 2This repeat application has been filed on the ground that the other co- accused person Golu @ Shahbaz Shah has already been released on bail by this Court vide order dated 11.11.2022 passed in Criminal Appeal No.9125 of 2022.
Appellant has been arrested on 03.04.2021 in connection with Crime No.153/2021 registered at Police Station - Hata, District Damoh for the offence punishable under Sections 323, 302, 120-B, 34 of IPC and Sections 3(2)(v) of SC/ST Act.
It is alleged that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. It is submitted that statements of the witnesses have been recorded before the Trial Court and they have not supported the prosecution case and have declared hostile. It is submitted that the other co-accused has already been enlarged on bail. The case of the present appellant is similar to that of other co-accused. The appellant is in custody since 03.04.2021. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.
P e r contra, learned Panel Lawyer appearing for the State has fairly submits that case of the present appellant is identical to that of Golu @ Shahbaz Shah who has already granted bail by this Court vide order dated 11.11.2022 passed in Criminal Appeal No.9125 of 2022.
Considering the overall facts and circumstances of the case and keeping in view the fact of parity in mind, without commenting upon the merits of the case, this Court deems it appropriate to allow this appeal. The appellant be released on bail on furnishing a surety bond of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of Signature Not Verified trial Court. It is also directed that the appellant shall comply with the conditions Signed by: MOHD IRFAN SIDDIQUI Signing time: 11/25/2022 6:24:08 PM 3 as enumerated under Section 437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the appellant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
The appeal stands allowed.
Pending interlocutory applications are disposed off. Certified copy as per rules.
(VISHAL MISHRA) JUDGE irfan Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 11/25/2022 6:24:08 PM