Smt. Aarju vs The State Of Madhya Pradesh on 6 January, 2023

[Cites 9, Cited by 0]

Madhya Pradesh High Court

Smt. Aarju vs The State Of Madhya Pradesh on 6 January, 2023

Bench: Deepak Kumar Agarwal

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                     ON THE 6 th OF JANUARY, 2023
                   CRIMINAL APPEAL No. 326 of 2023

BETWEEN:-
1.    SMT. AARJU W/O SHRI SANSAAR, AGED ABOUT 55
      YEARS, OCCUPATION- HOUSEWIFE, R/O LOHIYA
      BAZAR GWALIOR (MADHYA PRADESH)

2.    SMT RESHMA W/O SHRI DULARE, AGED ABOUT
      45 YEARS, OCCUPATION-HOUSEWIFE, R/O LOHIYA
      BAZAR, GWALIOR (MADHYA PRADESH)

                                                               .....APPELLANTS
(BY SHRI ANSHU GUPTA- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- GOLE KA MANDIR, DISTRICT- GWALIOR
(MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI B.M. SHRIVASTAVA- PUBLIC PROSECUTOR)

      This appeal coming on for admission this day, the Court passed the

following:
                                    ORDER

At the outset, learned State counsel apprised this Court that respondent no.2/complainant has been informed with regard to pendency of this appeal as required under Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") but despite service of notice, none appeared on behalf of the complainant.

This criminal appeal has been preferred under Section 14-A(2) of the Act against the impugned order dated 28/12/2022 passed by Special Judge (under 2 the Act), Gwalior whereby appellants' application under Section 439 of the Code of Criminal Procedure has been rejected.

The appellants have been arrested on 24/12/2022 in connection with Crime No.698/2022 registered at Police Station- Gola Ka Mandir, District- Gwalior (M.P.) in relation to the offence punishable under Sections 294, 306, 506 and 34 of IPC and Sections 3(1)(R)(S), 3(2)(V) and 3(2)(V)(A) of the Act.

Allegations against the appellants and other co-accused, in short, are that appellants alongwith other co-accused person used to torture the deceased- Jayshriram Mujauriya who was a retired Sub-Inspector and threaten to implicate in false rape case, due to which, deceased committed suicide by hanging himself. Thereafter, merg was recorded and suicide note was found in which it was mentioned that present appellants- Arzoo and Reshma and other co- accused persons namely- Sansar Khan, Ruksan Khan, Nagma, Pintu, Sonu, Bhaiya, Gulshan and Dr. Satish Goyal took obscene photographs of him and threatened him to implicate in false rape case and in that regard, appellants and other co-accused took about Rs.10,00,000/- for three scooties and one flat from the deceased. Besides this, appellants were continuously torturing to the deceased, due to which, he committed suicide. Statements of the witnesses were recorded. Dead body Panchnama was prepared and dead body was sent for postmortem. As per postmortem, deceased died due to asphyxia as a result of ante mortem hanging. After enquiry, FIR was registered against the appellants and other co-accused persons.

Learned counsel for the appellants submitted that the appellants are women aged about 55 and 45 years respectively and they have been falsely implicated in the case. Appellants are in custody since 24/12/2022 and they are 3 the permanent resident of District- Gwalior (M.P.). There is no likelihood of their absconsion or tampering with the evidence. The appellants are ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned counsel for the State opposed the appeal and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Heard the arguments advanced by learned counsel for the parties and perused the case diary.

Looking to the facts and circumstances of the case, but without commenting on the merits of the case, the present appeal is allowed and order dated 28/12/2022 is set-aside and it is directed that if appellants furnish cash surety of Rs.25,000/- each alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court, they should be released on bail.

They will present during trial before the trial Court on each and every date. In case of any default, aforesaid cash security shall be forfeited without giving any notice.

This criminal appeal stands disposed of in above terms.

Let a copy of this order be sent to the Court concerned for information. Certified copy/ e-copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) Digitally signed by RAHUL SINGH PARIHAR JUDGE rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab 676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE0 0D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED9 10FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.06 16:08:03 +05'30' 4

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court