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[Cites 3, Cited by 7]

Madhya Pradesh High Court

Pammu Yadav @ Pramod vs The State Of Madhya Pradesh on 7 July, 2021

Author: Atul Sreedharan

Bench: Atul Sreedharan

HIGH COURT OF MADHYA PRADESH, JABALPUR Criminal Appeal No.1758/2021 Criminal Appeal No.1886/2021 06.07.2021 Heard through Video Conferencing Mr. Rajesh Yadav, learned counsel for appellant Ram Gopal Yadav in Criminal Appeal No.1758/2021.

Mr. Anil Kumar Gupta, learned counsel for appellant Pammu Yadav alias Pramod in Criminal Appeal No.1886/2021.

Mr. Adamya Bajpai, learned Panel Lawyer for the State. These are appeals filed under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act, 1989") for grant of bail to appellants Ram Gopal Yadav and Pammu Yadav alias Pramod in connection with Crime No.571/2014 for the offences punishable under sections 302, 450 read with 34 IPC and sections 3(2)(v) and 3(2)(va) of the Act, 1989 registered at Police Madhotal, District Jabalpur. The appellants are in judicial custody since 11.12.2014 in the aforementioned cases.

At the very outset, learned counsel for the appellants have drawn the attention of this court to the order dated 12.2.2021 passed by this court in Criminal Appeal No.90/2021 by which co-accused Kallu alias Rajesh was granted the benefit of bail.

Learned counsel for the State has objected to bail being granted to the appellants herein in view of the fact that the deceased was a member of the depressed classes.

The same notwithstanding, learned counsel for the appellants have submitted that the said co-accused, who was identically placed as the appellants herein, has been granted bail on the grounds of delay in trial as all the accused persons in this case have been in judicial custody as under

trial since the year 2014 and close to seven years have already passed.
Be that as it may, looking at the facts and circumstances of the case, on grounds of parity, the appeals are allowed. I direct that the appellants herein be enlarged on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the Trial Court.
The appeals are finally disposed of. Certified copy as per rules.
(Atul Sreedharan) Judge ps PRASHANT Digitally signed by PRASHANT SHRIVASTAVA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA SHRIVASTAV PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=ece48d19937645a6267b9b5ec6 A a49fcd15bfc04d16d24c3fe6b477bde763 2d74, cn=PRASHANT SHRIVASTAVA Date: 2021.07.08 11:48:19 +05'30'