Madhya Pradesh High Court
Padam Singh vs The State Of Madhya Pradesh on 15 July, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 CRA-2154-2021
The High Court Of Madhya Pradesh
CRA-2154-2021
(PADAM SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
9
Jabalpur, Dated : 15-07-2021
Heard through Video Conferencing.
Shri Abhinav Shrivastava, Advocate for the appellant.
Shri B.R. Vijaywar, Advocate for the objector.
Shri Yogendra Das Yadav, Government Advocate for the
respondent/State.
This is first Criminal Appeal filed by the appellant under Section 14- A(1) of the SC/ST (Prevention of Atrocities) Act, being aggrieved by the order dated 17.03.2021 passed in BA No.478/2021, by learned Special Judge SC/ST Act, Sagar (MP), whereby bail application of appellant filed under Section 439 of Cr.P.C. has been rejected.
The appellant is in custody since 05.03.2021, in connection with Crime No.121/2021, registered at Police Station Raheli, District Sagar (M.P.) for the offence punishable under Section 354, 376, 343 and 450 of IPC and Section 3(1)(w)(ii) and Section 3(2)(v) of SC/ST Act.
A s per prosecution story, on 02.03.2021 at 7:00 p.m., complainant aged 40 years was in her hut, at that time appellant entered in the hut, he tried to outrage her modesty and committed intercourse with her and he belongs to Adivasi caste.
Learned counsel for the appellant submits that appellant/accused has falsely been implicated in this case. Actually, complainant is doing the business to sell the liquor, appellant/accused objected then some dispute arose there but appellant/accused did not commit any such type of offence. Victim is 40 years old lady and she has two children. At the time of incident, no injury was found on her body. Apart from this, complainant has no objection to grant of bail. He is in custody since 05.03.2021. Charge-sheet has been filed. It is time of COVID-19 pandemic, due to this conclusion of trial will take time for its final disposal. Appellant/accused has no previous criminal antecedents. There is no probability of his absconding or tampering with the evidence of prosecution witness. On these grounds, learned counsel for the appellant prays for allowing this bail application.
Per-contra, learned Panel Lawyer opposes the bail application. Learned counsel for the complainant has no objection for grant of bail.
Signature Not Verified SANConsidering the contentions of learned counsel for the parties and the Digitally signed by NITESH PANDEY Date: 2021.07.16 17:45:10 IST 2 CRA-2154-2021 fact that the prosecutrix is aged about 40 years old lady and she is mother of two children, she has examined by the Doctor but no injury is found on her body. Apart from this, complainant has no objection to grant bail. He is custody since 05.03.2021, charge sheet has been filed, it is time of COVID- 19, due to which conclusion of trial will take time for final disposal, there is no probability of his absconding or tampering with the prosecution evidence, so it is not appropriate to keep the appellant-accused in jail for whole trial, therefore without commenting on merits of the case, appeal of the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act seems to be acceptable. Consequently, it is hereby allowed and the impugned order is set-aside.
It is directed that appellant-Padam Singh shall be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3. If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
State is directed to inform this order to the Victim and also provide a copy of this order to the Victim.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE Nitesh Signature Not Verified SAN Digitally signed by NITESH PANDEY Date: 2021.07.16 17:45:10 IST