Madhya Pradesh High Court
Parasu @ Parasram Yadav vs The State Of Madhya Pradesh on 23 February, 2022
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 23rd OF FEBRUARY, 2022
CRIMINAL APPEAL No. 1166 of 2022
Between:-
PARASU @ PARASRAM YADAV S/O BHUVANI
YADAV , AGED ABOUT 25 YEARS, OCCUPATION:
MAJDURI CHAR BAHERIYA P.S. MUNGVANI
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI PRASHANT CHOURASIA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CHORAI CHHINDWARA
(MADHYA PRADESH)
2. SMT. JYUTI DEHRIYA W/O LATE SUNIL DEHRIYA,
AGED ABOUT 25 YEARS, OCCUPATION: NIL
KABEER WARD DUNDA SEONI (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI AKHILENDRA SINGH, GOVT. ADV. FOR THE
RESPONDENT NO.1/STATE )
T h is appeal coming on for admission this day, the court passed the
following:
ORDER
Case diary perused and arguments heard.
This first criminal appeal has been filed under Section 14 (A) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 12/11/2021 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Chhindwara in B.A. No.1091/2021, whereby learned Special Judge rejected the bail application filed by appellant Parasu @ Parasram Yadav under Section 439 of Cr.P.C. to get bail in Crime No.239/2019 registered at Police Station Harrai, District Chhindwara for the offence punishable under Sections 307, 120B/34 of IPC, Section 25 of Arms Act and Section 3 (2)(va) of SC/ST (Prevention of Atrocities) Act.
In total, this is third appeal filed by the appellant. The first appeal of the Signature Not Verified SAN appellant has been dismissed on merits by coordinate Bench of this Court vide Digitally signed by MONIKA CHOURASIA Date: 2022.02.23 16:13:33 IST order dated 14/9/2020 passed in Cr.A.No.1868/2020 and second appeal of the 2 appellant has been dismissed as withdrawn by the coordinate Bench of this Court vide order dated 8/9/2021 passed in Cr.A.No. 4369/2021.
As per prosecution case, on 22/10/2019, co-accused Rajesh Ahirwar came to Rekha's house and took Rekha and her father Vijay Dhurve in the forest of Dhunda Bhimsen by bike, where appellant Parasram Yadav @ Parsu and co- accused Anand Ahirwar were also present, co-accused Rajesh Ahirwar assaulted Rekha with knife due to which she sustained grievous injuries, thereafter, they fled away from the spot. Father of Rekha took her to hospital for treatment and informed the police regarding the incident. On that, police registered Crime No.239/2019 for the offence punishable under Sections 307, 120B/34 of IPC, Section 25 of Arms Act and Section 3 (2)(va) of SC/ST (Prevention of Atrocities) Act and investigated the matter. During investigation, it was found that co-accused Radheshyam, husband of Rekha made a plan to murder Rekha and in pursuance of that plan, he gave money to appellant Parasram Yadav @ Parsu and at the instance of appellant Parasram @ Parsu Yadav, co-accused Rajesh Ahirwar assaulted Rekha. During investigation on 04/11/2019 Police arrested the appellant. On that appellant filed application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Chhindwara vide order dated 12/11/2021. Being aggrieved from that order appellant has preferred this appeal.
Learned counsel for the appellant submitted that the appellant is innocent and has falsely been implicated in this matter. Name of the appellant is not mentioned in the FIR. The identification of the appellant is also doubtful. There is no allegation against the appellant that the appellant assaulted injured Rekha. The statements of the injured and the complainant have also been recorded by the trial Court. The appellant has been in custody since 4/11/2019. Charge sheet has been filed and the conclusion of trial will take time, so appellant be released on bail.
Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the offence Signature Not Verified in question. Earlier second appeal of the appellant has been dismissed on merits by SAN Digitally signed by MONIKA CHOURASIA the coordinate Bench of this Court, thereafter, there has been no change in Date: 2022.02.23 16:13:33 IST circumstances. It is further submitted that the appellant was also involved in the 3 crime. So, he should not be released on bail.
T h e earlier appeal filed by the applicant was dismissed on merit by coordinate Bench of this Court vide order dated 14/9/2020 passed in Cr.A.No.1868/2020, thereafter there has been no change in the circumstances, except the custody period. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex Court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."
Looking to the facts and circumstances of the case and involvement of the appellant in the crime, this Court is not inclined to grant bail to the appellant. Hence, the appeal is rejected.
However, it appears from the record that the appellant is in custody since 4/11/2019 and trial is still pending, so it is expected from the trial Court to dispose of the case as early as possible preferably within a period of six months from the date of receipt of copy of this order.
A copy of this order be sent to the concerned court for information and necessary compliance.
(RAJEEV KUMAR DUBEY) JUDGE m/-
Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2022.02.23 16:13:33 IST