Madhya Pradesh High Court
Subhash Sharma vs Prathviraj on 3 March, 2015
(Subhash Vs. State) 1 M.Cr.C. No. 718/2015
03/03/2015
Shri R.K. Sharma, Advocate for the applicant.
Shri Kuldeep Singh, PL for the respondent/State.
Heard.
This is the first application under Section 438 of the Cr.P.C. for grant of anticipatory bail. Filed on behalf of Subash in connection with case 1404/2010 pending in the Court of JMFC Bhind for offence under Sections 147, 149, 323, 341, 506-B of IPC, Section 3(i)(x) SC/ST (POA) Act 1989.
The private complaint was filed before the JMFC Bhind in alleging that 01.03.2010 at about 6 P.M. When the complainant Prathviraj was returning from market to his home at Village Jamna. The applicant and his associate when common intention obtain his path abuses him calling "Chamra Wale" and also uttered obscene words. He was thrown into the ground and was beaten by fists and kicks. They also threatened him. He filled complaint before Aadim Jati Kalyan Thana Bhind, but no action was initiated. Therefore, the complainant filed this complaint before the Court of CJM Bhind. The learned CJM took cognizance of the matter.
On behalf of the applicant it is submitted that the applicant is innocent. The applicant is a farmer. The applicant has been falsely implicated. There is nothing on the record that there was any intention insult and intimidate with intend to humiliate the complainant by calling his caste name. Therefore bar contained in the under Section 18 of the SC/ST (POA) Act. 1989 is not attracted.
Learned PL for the state opposed the application and stated that (Subhash Vs. State) 2 M.Cr.C. No. 718/2015 the applicant called the complainant "Chamra Wale, Hadda Wale" for insulting him and intimidating as deemed in section 3(1)(10) of SC/ST (POA) Act. Therefore bar under Section 18 of the Act for anticipatory bail will come to play.
Considered the incident took place on the path on Village Jamna in the public road. As per complainant, and statement under Section 200 of the Cr.P.C and 202 of the Cr.P.C the complainant as well as the witnesses have stated that after beaten the complainant Prithviraj the accused persons Harnam, Amar Singh, Manish, Monu, and the applicant Subhash caught him fell him on the ground and beaten him by kicks and fists. They also uttered the words "Chamra Wale, Hadda Wale" etc. These statement show that the incident took place at a public view. These words do not constituted insult and intimation with intend to humiliate the complainant on basis of his caste. In other words the accused persons abused the complainant with intention to intimate or insult and humiliate him, being the member of schedule caste is lacking.
That being so following the principle laid down in "Umed Singh Vs. M.P. 2013 (1) MPLJ (cri) 601" the present application is allowed.
It is directed that applicant will make himself present before the concerning Trial Court within seven days from today, he be taken into custody and the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rupess Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court.
(Subhash Vs. State) 3 M.Cr.C. No. 718/2015 The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
In view of the ratio laid down by the Hon'ble Apex Court in Siddharam Satlingappa Mehtre Vs. State of Maharashtra and others reported in JT 2010 (13) SC 247, this order shall remain in force till the end of trial.
A copy of this order be sent to the concerned court for necessary information and compliance.
Certified copy as per rules.
(S.K. Palo) Judge LJ*