Madhya Pradesh High Court
Banshi Lal Makhija @ Pramaod Kumar vs The State Of Madhya Pradesh on 11 July, 2017
CRA-2064-2017
(BANSHI LAL MAKHIJA @ PRAMAOD KUMAR Vs THE STATE OF MADHYA PRADESH)
11-07-2017
Shri V.K. Tyagi, learned counsel for the appellant.
Shri Y.D. Yadav, learned Panel Lawyer for the
respondent/ State.
Heard.
This is an appeal filed under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for grant of bail to the appellant who has been arrested in connection with Crime No. 252/2015, registered at P.S. Goshalpur, District- Jabalpur for the offence punishable under Sections 363, 366, 376(2)(J)(N), 506, 120-B and 34 of IPC & Section 4/8 of the Protection of Children From Sexual Offences Act and Section 3 (2) (5), 3(1-W) 3 (2)(5)(k) of the SC/ST Act.
Another co-accused Ravi Vaswani @ Vanshi has been granted bail vide order dated 14/10/2016 in M.Cr.C. No. 2549/2016. The Court passed following order in the case of Ravi Vaswani:-
"Shri Tikaram Patel, Advocate for the appellant.
Shri Piyush Jain, P.L. for the respondent/State.
None for the complainant / victim. Heard. This is an appeal filed under Section 14-A of the S.C./S.T (Prevention of Atrocities) Act against the impugned order dated 03.09.2016 passed by the Special Judge under S.C./S.T (Prevention of Atrocities) Act, Jabalpur in bail application no. 211/16, 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 19.7.2016 for the offences under Section 363, 366, 376(2) of the I.P.C., Section 4/8 of POCSO Act, 2012 and Section 3(1)(W-1), 3(2)(v) of SC/ST (Prevention of Atrocities) Act in Crime No.252/2015 registered by Police Station Gosalpur, District Jabalpur (M.P.).
According to the prosecution story, the allegation against the appellant is that he abducted the prosecutrix and committed rape with her on the false pretext of marriage. At the time of incident the age of the prosecutrix was 17 years.
Learned counsel for the appellant/accused has submitted that the appellant has been falsely implicated in this case. Appellant is in custody since 19.7.2016. Charge-sheet has been filed. The trial will take considerable time to conclude. It is also submitted that according to the ossification test report the age of the prosecutrix is 17 to 19 years and she is major. It is also submitted that according to her statement she is living with Banshi after performing the marriage and is also pregnant. In view of the aforesaid circumstances, prayer is made to enlarge the appellant / accused on bail.
Learned P.L. for the respondent/State has opposed the bail and stated that notice of this appeal has been served upon the victim, therefore, prayed for rejection for the same.
Looking to the facts and circumstances of the case and perusal of impugned order, this Court is of the view that this is not a case in which the appellant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this appeal deserves to be allowed. The impugned order is set aside and it is ordered that the appellant / accused Ravi Vaswani @ Banshi be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one 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 and for complying with the conditions enumerated in sub- section (3) of Section 437 of Cr.P.C.
C.c. as per rules."
The prayer for bail is opposed by learned Panel Lawyer.
Looking to the nature and facts of the case, prima- facie there appears to be parity between the present applicant and Ravi Vaswani, hence, without expressing any opinion on the merits of the case, this appeal is allowed.
It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) by the appellant along with one solvent surety in the like amount to the satisfaction of the trial court, the appellant be released on bail with a direction to appear before the trial court on the date of the trial.
The Criminal Appeal is disposed of accordingly. Certified copy as per rules.
(S.K. GANGELE) JUDGE MISHRA