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Madhya Pradesh High Court

Pankaj Patel vs The State Of Madhya Pradesh on 1 August, 2022

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                        1
                                                  IN THE HIGH COURT OF MADHYA PRADESH

                                                                    AT JABALPUR

                                                                         BEFORE

                                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI

                                                              ON THE 1st OF AUGUST, 2022

                                                       CRIMINAL APPEAL No. 6349 of 2022

                                             Between:-
                                             PANKAJ PATEL S/O LATE SHRI RAMBIHARI
                                             PATEL, AGED ABOUT 25 YEARS, OCCUPATION:
                                             AGRICULTURIST    VILLAGE    JUDHMANIYA
                                             RAGHUNATH P.S. NAIGARHI TEHSIL AND
                                             DISTT. REWA (MADHYA PRADESH)


                                                                                                .....APPELLANT
                                             (BY SHRI KAUSTUBH SHANKAR JHA - ADVOCATE)

                                             AND

                                     1.      THE STATE OF MADHYA PRADESH THROUGH
                                             POLICE STATION NAIGARHI TEHSIL AND
                                             DISTT. REWA (MADHYA PRADESH)

                                     2.      MUNSHILAL     KOL HEAD CONSTABLE PS
                                             N AIGAR HI PS NAIGARHI DISTRICT REWA
                                             (MADHYA PRADESH)


                                                                                              .....RESPONDENTS
                                             (BY SHRI VIJAY KUMAR SHUKLA - PUBLIC PROSECUTOR)


                                           Th is appeal coming on for hearing this day, t h e court passed the
                                     following:
                                                                         ORDER

Learned counsel for the rival parties are heard.

Case diary is perused.

A t the outset, learned Public Prosecutor apprised this Court that 2 respondent No.2/complainant has been informed with regard to pendency of this appeal as required under section 15A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act").

This second criminal appeal has been preferred under Section 14-A(1) of the Act against the impugned order dated 18.07.2022 passed by Special Judge (Atrocities), Rewa, whereby appellant's application under Section 439 of the Code of Criminal Procedure has been rejected by the Court below. Earlier first application was dismissed as withdrawn vide order dated 17.05.2022 passed in Cr.A. No.4343/2022.

T h e appellant has been arrested on 12.04.2022 by Police Station Naigarhi, District Rewa (M.P.) in connection with Crime No.132/2022 registered in relation to the offences punishable under Sections 147, 148, 294, 353, 332, 435 of the IPC and Sections 3(1)(S), 3(2)(v-A) & 3(1)(R) of SC/ST (Prevention of atrocities) Act.

The prosecution story, in short, is that on 11.04.2022, the Police Station Naigarhi was informed that there was an accident near Devtalab Road Trijunction, where two persons have died on the spot and others have suffered injuries on account of accident. A team of five police personnel headed by the Sub Inspector reached the place of incident and were helping the injured persons, when a mob of locals attacked the policemen. The angry mob took the head constable to a nearby farm, started abusing and beating him. The other police personnel saved him from the mob. On the basis of the aforesaid, crime has been registered.

Learned counsel for the appellant submits that he is 25 years old innocent SAN Digitally signed by DHEERAJ PRATAP and has been falsely implicated. He is in custody since 12.04.2022. Charge-

sheet has been filed, therefore, no further custodial interrogation is required. He 3 was only a mute spectator. Later on police authorities noted the names of persons who were present and implicated them in the offence. The statements of independent witnesses recorded under Section 161 of the Cr.P.C. do not disclose that the applicant was involved in the offence. He is the only bread earner in the family. General and omnibus allegations have been levelled against the applicant. Trial will take time. Appellant is permanent resident of District Rewa (M.P.) and there is no likelihood of absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions prayer for grant of bail is made.

O n the other hand, learned Public Prosecutor for the respondent/State opposed the appeal contending that on the basis of the allegations and material available on record, no case for grant of bail is made out. On these grounds, he prays for rejection of present appeal.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the appellant.

Consequently, the impugned order dated 18.07.2022 passed in Bail Application No.1232/2022 is set aside and this appeal filed under Section 14- A(1) of SC/ST (Prevention of Atrocities) Act, 1989 stands allowed and it is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent Signature Not Verified SAN surety of the like amount to the satisfaction of the concerned trial Court for his Digitally signed by DHEERAJ PRATAP SINGH appearance on the dates given by the concerned Court.

T h e appellant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such a maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the appellant:-

1. The appellant will comply with all the terms and conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the case may be;

3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The appellant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

5. The appellant will not seek unnecessary adjournments during the trial; and

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE DPS Signature Not Verified SAN Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.08.02 18:37:04 IST