Madhya Pradesh High Court
Naresh Rajput vs The State Of Madhya Pradesh on 14 March, 2023
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 14 th OF MARCH, 2023
CRIMINAL APPEAL No. 2924 of 2023
BETWEEN:-
NARESH RAJPUT S/O BHAGWAT RAJPUT, AGED ABOUT
40 YEARS, OCCUPATION: LABOUR R/O VILLAGE
BARMASA P.S. DAMOH DEHAT, DISTRICT-DAMOH
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI SHARAD VERMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DAMOH DEHAT DISTRICT-
DAMOH (MADHYA PRADESH)
2. RAJKUMAR AHIRWAR, S/O GOPAL AHIRWAR,
AGED ABOUT 30 YEARS, R/O VILLAGE BARWASA,
P.S. DAMOH DEHAT DISITRICT-DAMOH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI N.S. SOLANKI - PANEL LAWYER FOR THE RESPONDENT
NO.1/STATE )
(NONE FOR THE RESPONDENT NO.2/OBJECTOR THOUGH SERVED)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Appellant has preferred this appeal under Section 14-A of the SC/ST (PA) Act, 1989 being aggrieved by the order dated 04.02.2023, passed in bail Signature Not Verified application no.52/2023 passed by Special Judge (SC/ST (PA) Act), Damoh SAN Digitally signed by VAISHALI AGRAWAL (M.P.) whereby the prayer for regular bail has been declined.
Date: 2023.03.14 18:04:50 ISTAppellant has been arrested on 02.11.2022 in connection with crime 2 No.692/2022, registered at Police Station-Damoh Dehat, District- Damoh, in relation t o offence punishable under Sections 341, 294, 323, 307 read with section 34 of the IPC and Section 25/27 of Arms Act, 1959 and Section 3(1)
(d), 3(1)(dha), 3(2)(v) and 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.
As per prosecution story, complaint lodged a written complaint that on 31.10.2022, at about 7:00 p.m., he alongwith Naresh Ahirwar and Rakesh Ahirwar were going on motorcycle from village Barwasa to Damoh, at that time, near agricultural field, some persons came there with Danda and abused Rakesh Ahirwar and also filthily them. Thereafter, present appellant and other persons also came there and Rakesh Ahirwar received gun shot injury. On the basis of which case has been registered against the appellant.
Learned counsel for the appellant submitted that the appellant is innocent and he has been falsely implicated in the present crime. It is further submitted that there is no seizure from the appellant. Charge-sheet has been filed. The appellant is in custody since 02.11.2022 and conclusion of trial will take sufficient long time. Under these circumstances, counsel prayed for bail to the appellant.
Learned Government Advocate for the respondent/State opposed the appeal. He submits that appellant has criminal record, therefore, he prays for its dismissal.
Considering the facts and circumstance of the case and the arguments advanced by learned counsel for the parties, but without expressing any opinion Signature Not Verified SAN on the merits of the case, this Court is of the view that the appeal filed by the Digitally signed by VAISHALI AGRAWAL Date: 2023.03.14 18:04:50 IST appellant deserves to be accepted.
3Consequently, setting aside the impugned order, the appeal is hereby allowed. It is directed that the appellant shall be released on bail on execution o f personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
By way of abundant caution, it is further directed that he shall also mark his presence in the concerned police station on the first and third Sunday of every month between 10 a.m. to 12 noon during pendency of the trial. Any default in attendance in Court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the precondition of bail, it shall become ineffective and cancelled without reference to this Bench.
The appeal stands allowed and disposed off.
Certified copy as per Rules.
(RAJENDRA KUMAR (VERMA)) JUDGE vai Signature Not Verified SAN Digitally signed by VAISHALI AGRAWAL Date: 2023.03.14 18:04:50 IST