Madhya Pradesh High Court
Ram Krishan vs The State Of Madhya Pradesh on 8 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 14149 of 2023
BETWEEN:-
1. RAM KRISHAN S/O SHRI RAM SINGH KEWAT,
AGED ABOUT 45 YEARS, GRAM JAKHODA POLICE
STATION ARON DISTRICT GUNA (MADHYA
PRADESH)
2. RAMESH S/O SHRI RAM SINGH KEWAT, AGED
ABOUT 40 YEARS, R/O GRAM JAKHODA, POLICE
STATION ARON, GUNA (MADHYA PRADESH)
3. SUNDAR LAL S/O SHRI RAM SINGH KEWAT,
AGED ABOUT 31 YEARS, R/O GRAM JAKHODA,
POLICE STATION ARON, GUNA (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI D.S.RAJAWAT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE STATION
ARON DISTRICT GWALIOR MP (MADHYA
PRADESH)
2. COM POLAINANTS THROUGH POLICE STATION
ARON, GUNA GUNA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ROHIT MISHRA, LEARNED AAG )
This appeal coming on for HEARING this day, th e court passed the
following:
ORDER
The appellants have filed this first criminal appeal under Section 14-A (2) Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM 2 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 03/10/2023 passed by Special Judge (Atrocities), Guna (M.P.) rejecting the application for anticipatory bail filed under Section 438 of Cr.P.C.
T h e appellants apprehend their arrest in connection with Crime No. 544/2023 registered by Police Station Aron District Guna (M.P.) for offence punishable under Section 323, 294, 506(2), 34 of IPC and Sections 3(1)(r), 3(1)
(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
As per the case of the prosecution, Khilan S/o Girdhari Lal Ahirwar aged around 60 years reported to PS Aron that on 18.07.2023 around 7 in the evening, he was guarding his agricultural field. Accused Ramkrishna, Dhandhu and Sunderlal Kewat were grazing their cattle. One of the cattle entered his agricultural field. He drove it out of the field. All the accused started abusing him in filthy language pertaining to his caste. He objected to abuses. Ramkrishna, Dhandhu and Sunderlal assaulted him with lathi. Accused threatened to kill him. On such allegations, FIR in Crime No. 544/2023 was registered at Police Station Aron District Guna for offence punishable under Section 323, 294, 506(2), 34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the appellants. The appellants were noticed U/s 41(A) of the Cr.P.C. In compliance of the notice, appellants cooperated in the investigation. On completion of investigation, final report was submitted on 7.9.2023.
Learned counsel for the appellants, in addition to the grounds mentioned in the appeal, submits that despite cooperating in the investigation, Investigation Officer had filed charge sheet without giving any intimation to the appellants to Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM 3 appear before the trial Court. The appellants are apprehending their arrest as they could not appear before the trial Court on the date of cognizance. Learned counsel submits that no offence punishable U/s 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against the appellants. The appellants are agriculturists by profession. There is no likelihood of their absconsion leaving behind their family and home. There is no likelihood of tampering with the evidence. They have cooperated in the investigation. Jail incarceration would cause great hardship to the family of the appellants. Therefore, the appellants may be extended the benefit of anticipatory bail Per contra, learned AAG for the State opposes the anticipatory bail but fairly concedes that appellants have participated in the investigation. The victim is given notice of this petition.
Heard learned counsel for both the parties and perused the case diary. Considering the arguments advanced by both the parties as well as direction given by Hon'ble Apex Court in the case of Satendra Kumar Antil Vs CBI, 2021 SCC Online SC 922, but without expressing any opinion on merits of the case, this Court is inclined to allow this appeal. The order dated 03/10/2023 is set-aside and it is directed that in the event of arrest of appellants RAM KRISHAN, RAMESH AND SUNDERLAL shall be released on bail in relation to the Crime No. 544/2023 registered by Police Station Aron District Guna (M.P.) for offence punishable under Section 323, 294, 506(2), 34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each, with one solvent surety of the same amount to the satisfaction of the officer Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM 4 making arrest/trial Court, for compliance with the following conditions:
(1) Appellants shall make themselves available for investigation as may directed by the officer, in-charge of investigation;
(2) Appellants shall not commit or get involved in any offence of similar nature;
(3) Appellants shall not directly or indirectly make any inducement, threat o r promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;
(4) Appellants shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
(5) Upon submission of final report under Section 173 of Cr.P.C, the applicant shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;
(6) During trial, the applicants shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE Rks Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM 5 Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 09/12/2023 12:45:35 PM