Madhya Pradesh High Court
Dev Singh Sengar vs The State Of Madhya Pradesh on 6 May, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 6 th OF MAY, 2024
CRIMINAL APPEAL No. 5246 of 2024
BETWEEN:-
1. DEV SINGH SENGAR S/O CHANDAN SINGH
SENGAR, AGED ABOUT 62 YEARS, OCCUPATION:
FARMER RESIDENT OF VILLAGAE GAUR POLICE
STATION GADIMALHARA DISTRICT
CHHATARPUR (MADHYA PRADESH)
2. RAMKISHORE S/O DHANIRAM KUSHWAHA,
AGED ABOUT 35 YEARS, OCCUPATION: FARMER
RESIDENT OF VILLAGE GAUR POLICE STATION
GADIMALHARA DISTRICDT CHHATARPUR
(MADHYA PRADESH)
3. PRAHALAD S/O MAKUNDILAL RAJPOOT, AGED
ABOUT 28 YEARS, OCCUPATION: FARMER
RESIDENT OF VILLAGE GAUR POLICE STATION
GADIMALHARA DISTRICDT CHHATARPUR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI SOURABH SINGH THAKUR - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION GADIMALHARA DISTRICT
CHHATARPUR (MADHYA PRADESH)
2. PRAHALAD AHIRWAR S/O RAM SINGH AHIRWAR,
AGED ABOUT 42 YEARS, RESIDENT OF VILLAGE
GAUR POLICE STATION GADIMALHARA
DISTRICDT CHHATARPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI L.A.S.BAGHEL - GOVT. ADVOCATE )
This appeal coming on for admission this day, th e court passed the
following:
Signature Not Verified
Signed by: NEETI TIWARI
Signing time: 07-05-2024
13:25:43
2
ORDER
This is the second criminal appeal filed on behalf of the appellants under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail against order dated 20.04.2024 passed by Special Judge (SC/ST (POA) Act), Chhatarpur (MP) passed in B.A.No.2010/2024, by which application for grant of bail was dismissed.
2. Appellants have been arrested in connection with FIR No. 228/2023, registered at Police Station Gadi Malhara District Chhatarpur (M.P.) fo r the offences punishable under Sections 147, 148, 149, 186, 294, 333, 332, 323, 336, 353 of IPC, Sections 3(1)(da), 3(1)(dha), 3(2)(v) and 3(1)(va) of SC/ST (Prevention of Atrocities) Act & 25/27 of Arms Act.
3 . It is submitted by learned counsel appearing for appellants that appellants are innocent and have falsely been implicated in the case. In earlier bail application, It is submitted that appellant is in jail since 9 months. Investigation is complete and charge-sheet has also been filed. Offence is punishable upto seven years of imprisonment except for offence under Section 333 of IPC. Looking to the long period of custody, prayer is made to release appellant on bail.
4 . Learned Government Advocate appearing for State opposed the appeal for grant of bail.
5. Heard learned counsel for the parties.
6. Considering the totality of the facts and circumstances of the case, criminal appeal filed by appellants is allowed. It is directed that on appellants' furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of trial Court concerned, they be released on bail.
Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43 37. The appellants shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
8. C.C. as per rules.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 07-05-2024 13:25:43