Madhya Pradesh High Court
Madan Lodhi vs The State Of Madhya Pradesh on 20 September, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 CRA-4603-2021
The High Court Of Madhya Pradesh
CRA-4603-2021
(MADAN LODHI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS) Jabalpur, Dated : 20-09-2021 Heard through Video Conferencing.
Shri B.J. Chourasia, learned counsel for the appellants. Shri Ajay Tamrakar, Panel Lawyer for the State. Case diary is available.
This is the first appeal filed by the appellant Madan Lodhi and Dhaniram Lodhi under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989. The appellants apprehend their arrest in connection with Crime No.451/2020 registered at Police Station - Bhagwa, District- Chhatarpur (M.P.) for offences punishable under Sections 147, 148, 149, 294, 323, 325, 302 of the Indian Penal Code, Sections 3(1)(da,dha), 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 25/27 of the Arms Act.
A s per the prosecution case, on 04.11.2020 at about 10.30 p.m. w he n complainant was pouring water in the field, at that juncture appellants and other co-accused persons came there and stopped him from doing agricultural activities, abused him, threatened him with dire consequences and assaulted him. Thereafter, when father of the complainant came to rescue the complainant, then co-accused persons also assaulted him and fired him with 'katta' then he received injury and during the treatment he died. Therefore, police registered aforesaid offences against the appellants.
Learned counsel for the appellants submit that appellants are innocent and have been falsely implicated in the crime because of old enmity. The appellants are in custody since 18.11.2020 and trial would 2 CRA-4603-2021 take considerable time to conclude due to COVID-19 pandemic, therefore, they may be released on bail.
Learned Panel Lawyer for the State has vehemently opposed the contentions of learned counsel for the appellants.
Perused the record.
As per Postmortem report, deceased Rakhuwa Ahirwar has received 11 injuries. As per Doctor, he died due to shock of excessive internal hemorrhage and due to multiple bone fractures.
In view of the facts and circumstances of the cases, particularly the injuries received by the deceased, I am not inclined to release the appellants on bail.
Accordingly, this criminal appeal is hereby dismissed.
(SMT. ANJULI PALO) JUDGE shahina Signature Not Verified SAN Digitally signed by SHAHINA KHAN Date: 2021.09.21 10:58:40 IST