Madhya Pradesh High Court
Chandrapal Singh Thakur vs The State Of Madhya Pradesh on 15 October, 2019
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
THE HIGH COURT OF MADHYA PRADESH
Criminal Appeal. No. 8231/2019
(Chandrapal Singh Thakur Vs. The State of M.P. & anr.)
1
Jabalpur, Dated: 15.10.2019
Shri Satyam Agrawal, learned counsel for the appellant.
Shri Vishal Yadav, learned Deputy Government Advocate for the
respondent No.1/State.
This appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by the order dated 18.09.2019 passed by the Special Court, Sehore in bail application no.7227/2019, whereby, learned Special Court dismissed the application filed under Section 439 of the Cr.P.C.
The appellant is in jail in connection with a crime No.431/2019 registered at Police Station Kotwali, District-Sehore for the offences punishable under Sections 498-A, 306 and 304-B of the IPC and Section 3 (2)
(v) of the SC/ST Act and also under Section 3/4 f Dowry Prohibition Act.
The case of the prosecution in short is that the marriage of the deceased was solemnized with the appellant. Wife of the appellant committed suicide within seven years of her marriage. During inquiry, it was found that the appellant harassed the deceased on account of non-fulfilling of the demand of dowry. On the basis of which, FIR has been lodged.
Learned counsel for the appellant submitted that before this marriage appellant and deceased were previously married. After taking divorce from their previous spouse, they solemnized second marriage with each other registered under Special Marriage Act. A certificate of that effect has been provided by the marriage authorities. It has further submitted that the appellant has neither instigated deceased for committing suicide nor harassed her for any demand. Both the parties solemnized marriage with consent of each-other. Brother of the deceased has unnecessarily dragged the appellant in this case. It has further been submitted that the appellant has been in custody since 18.07.2019, therefore, it has been prayed that the appellant may be released on bail.
THE HIGH COURT OF MADHYA PRADESH Criminal Appeal. No. 8231/2019 (Chandrapal Singh Thakur Vs. The State of M.P. & anr.) 2 Learned Government Advocate for the respondent-State on the other hand has opposed the application.
Keeping in view the facts and circumstances of the case, particularly, the facts as pointed out by the learned counsel for the appellant without commenting upon the merits of the case, in the opinion of this Court, the appellant deserve to be released on bail.
Consequently, this appeal for bail under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed and the impugned order is set aside.
It is directed that the appellant Chandrapal Singh Thakur shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
(Vishnu Pratap Singh Chauhan) Judge pnm Digitally signed by POONAM LONDHE Date: 2019.10.16 10:53:05 +05'30'