Madhya Pradesh High Court
Liyakat Ali vs The State Of Madhya Pradesh on 15 September, 2017
CRA-1118-2017
(LIYAKAT ALI Vs THE STATE OF MADHYA PRADESH)
15-09-2017
Shri Vikrant Sharma, counsel for the appellant.
Shri Vivek Bhargava, Public Prosecutor for the
respondent/State.
None for the complainant.
It is submitted by the Counsel for the State that the complainant has been informed about the pendency of this appeal as required under Section 15A of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Case Diary is available.
This second Criminal Appeal for grant of bail has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (in short ''Act 1989'') against the order dated 21/07/2017 passed by Special Judge (Atrocities) Gwalior in Bail Application No.1726/2017 by which the application under Section 439 of CrPC filed by the appellant for grant of bail has been rejected. First Criminal Appeal No. 960/2017 was dismissed as withdrawn on 31/07/2017.
The appellant has been arrested on 12/07/2017 in connection with Crime No. 310/2017 registered at Police Station Inderganj, District Gwalior for the offence punishable under Section 307/34 of IPC and Sections 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
It is submitted by the counsel for the appellant that the allegations against the present appellant are that he had caught hold the injured and the co-accused Rajendra Parihar had assaulted on his neck by means of bottle causing incised wound on the back of his neck. It is submitted that there is no allegation against the appellant that he caused any injury to the injured. During his incarceration, his minor daughter aged about 6 years has felt sick very seriously and in spite of her regular treatment which could have been got done by his wife, her condition has not improved and in absence of the appellant, his wife is not in a position to get his daughter treated properly and, therefore, on this additional ground also, by filing IA 6938/2017 the appellant prays for bail. It is further submitted that there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the appeal is opposed by State Counsel. Considering the allegations that the appellant had merely caught hold the injured as well as his six-years old daughter is not well, without commenting on the merits of the case, this Court is of the considered opinion that it is a fit case for grant of bail. The appeal is allowed and it is directed that the appellant be released on bail on furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of trial Court/ committal Court, to appear before the Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall be become ineffective. IA 6938/2017 stands disposed of accordingly. Certified Copy as per rules.
(G.S. AHLUWALIA) JUDGE MKB