Madhya Pradesh High Court
Jagdish @ Sannu vs The State Of Madhya Pradesh on 17 January, 2020
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 CRA-9191-2019
The High Court Of Madhya Pradesh
CRA-9191-2019
(JAGDISH @ SANNU Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Jabalpur, Dated : 17-01-2020
Mr. Kamal Singh Rajput, learned counsel for the appellant.
Mr. B.S. Thakur, learned PL for the respondent-State.
Case diary is available.
This is an appeal filed under Section 14-A of the S.C./S.T (Prevention of Atrocities) Act against the impugned order dated 12.10.2019 passed by the Special Judge (Atrocities), District - Harda, whereby the court below has dismissed the application filed by the appellant under Section 439 of the Cr.P.C. The appellant is in custody since 06.10.2019 in connection with Crime No.443/2019 registered by Police Station Timarni, District- Harda for having committed offence under Sections 376 (2)(N) of IPC and 3(2)(V) of SC/ST (POA) Act.
Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated. It is submitted that there is no direct or indirect evidence available, which shows involvement of the appellant in commission of crime. The appellant is in jail since 06.10.2019. Trial will take a long time to conclude. The appellant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the appellant on bail.
Per contra, learned counsel appearing on behalf of the State has opposed the appeal and prayed for its rejection.
Heard counsel for the parties and perused the case diary. Looking to the facts and circumstances of the case and taking note of the fact that the prosecutrix is a major lady who was in relation with the appellant, both DNA and FSL reports have also not been produced, therefore, this Court is of the view that the appellant may be enlarged on bail, hence, without expressing any opinion on the merits of the matter, this appeal Digitally signed by RASHMI RONALD VICTOR Date: 21/01/2020 12:13:44 2 CRA-9191-2019 is allowed. It is ordered that the appellant- Jagdish @ Sannu be released on bail on furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. This order will remain operative subject to compliance of the following conditions by the appellant :-
(1) The appellant will comply with all the terms and conditions of the bond executed by him;
(2) The appellant will cooperate in the trial; (3) The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer;
(4) The appellant shall not commit any offence during the entire period of bail;
(5) The appellant will not seek unnecessary adjournments during the trial;
(6) The appellant will not leave India without previous permission of the trial Court;
(7) The appellant shall inform the Investigating Officer/Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and (8) The appellant shall not contact any of the other accused persons in this case in any manner whatsoever.
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.
Certified copy as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE Digitally signed by RASHMI RONALD VICTOR Date: 21/01/2020 12:13:44 3 CRA-9191-2019 RS Digitally signed by RASHMI RONALD VICTOR Date: 21/01/2020 12:13:44