Madhya Pradesh High Court
Mahesh Kumar Shukla vs The State Of Madhya Pradesh on 2 July, 2018
1
THE HIGH COURT OF MADHYA PRADESH
CRA No.4624/2018
(Mahesh Kumar Shukla and another Vs. State of M.P.)
Jabalpur,
Dated:02.07.2018
Shri Vivek Agrawal, learned counsel for the appellants.
Shri D.K. Paroha, learned G.A. For the respondent/ State.
Shri Deepak Kumar Singh, learned counsel for the objector. Heard.
This is first appeal filed under Section 14-A of the SC / ST (Prevention of Atrocities) Act against the impugned order dated 5.6.2018 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, District Narsinghpur in B.A. No. 315/18 whereby the application filed by the appellants under Section 438 of the Cr.P.C. was dismissed.
The appellants are apprehending their arrest in connection with Crime No. 200/2018 registered at Police Station - Themi, District Narsinghpur for the offences registered under sections 294, 323, 506/34 of I.P.C. and under Section 3 (1) (w) (i), 3(1) (w)
(ii), 3 (1) (r), 3 (1)(s), 3 (2) (va) of SC / ST (Prevention of Atrocities) Act The allegation against the appellants is that on 26.05.2018 they assulted the complainant with the aid of Hasia (Sickle), which led to filing of complaint under the aforesaid sections.
Learned counsel for the appellants has submitted that there is ongoing land dispute between the parties since 2004. He has also drawn attention of this Court to the order dated 15.06.2010 whereby S.D.O., Gotegaon, has passed order of 2 injunction against the complaint party restraining them to make any illegal construction over the appellants' land. Subsequently also similar orders have been passed. The appellants filed an application on 23.04.2018 before the Tehsildar Gotegaon, District Narsinghpur and the same injunction order was again passed by the Tehsildar and the complainant party was directed to mark their presence on 25.05.2018. Immediately thereafter on 26.05.2018 the complainant party filed reply alleging attrocities under the SC/ ST Act.
On the other hand, learned counsel for the respondent/ State has submitted that no case for bail is made out by the appellants as they have inflicted injuries to the complainant.
Learned counsel for the objector has also opposed the prayer of the appellants for grant of bail.
Having heard the learned counsel for the parties and perusing the documents filed on record, this Court is of the considered opinion that the present case is also a clear example of blatant misuse of the provisions of Scheduled Caste and Scheduled Tribes Act.
Under the aforesaid circumstances, the appellants have made out a case for anticipatory bail.
Accordingly, the appeal filed by the appellant is allowed. It is directed that in the event of arrest of the appellants Mahesh Kumar Shukla and Vijay Kumar Shukla in connection with Crime No.200/2018 registered at Police Station Themi, District Narsinghpur they be released on bail on furnishing a bail bond in the sum of Rs.50,000/- (Thirty Thousand) each with one solvent surety to the like amount to the satisfaction of Station House Officer of the Police Station concerned.
3The appellants shall further abide by the condition enumerated in sub-Section 2 of Section 438 of Cr.P.C.
CC As per rules.
(Subodh Abhyankar) Judge Vikram Digitally signed by VIKRAM SINGH Date: 2018.07.03 14:17:50 +05'30'