Madhya Pradesh High Court
CRA/8858/2023 of HAKIM YADAV Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
CRIMINAL APPEAL No. 8858 of 2023
BETWEEN:-
HAKIM YADAV S/O SHRILAL YADAV, AGED 40 YEARS,R/O VILLAGE BHAVKHEDI POLICE STATION SIRSODDISTRICT SHIVPURI (MADHYA PRADESH)
(BY SHRI RAMESWAR RAWAT- ADVOCATE)
.....APPELLANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION SIRSOD, DISTRICT SHIVPURI(MADHYA PRADESH)
2.COMPLIANANT THROUGH P.S. SIRSOD DISTRICTSHIVPURI (MADHYA PRADESH)
(BY MS. PADAMSHRI AGRAWAL- PANEL LAWYER)
.....RESPONDENTS
This appeal coming on for admission this day, the court passed the following:
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ORDER
1 . The appellant has preferred this first criminal appeal under Section 14(A)(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities)Act, 1989, feeling aggrieved by order dated 12.06.2023 passed by SpecialJudge(SC/ST[PA]Act), District Shivpuri (MP) in Bail Application No.307/2023, whereby the prayer for grant of regular bail has been declined.
2. Appellant has been arrested on 25/09/2019 in connection withCrime No.177/2019 registered at Police Station Sirod, District Shivpuri for offence punishable under Sections 302 and 34 of IPC and Sections 3(2)(v)of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act,1989.
3. The allegation against the appellant is that he along with the other co-accused Rameswar Yadav, committed murder of two children on 25.09.2019.
4. Counsel for the appellant at the outset has submitted that co- accusedRameswar has already been acquitted by the trial court vide dated 21.09.2022on the ground that the prosecution witnesses have not supported the case of theprosecution. It is submitted that so far as present appellant is concerned, he ismentally unstable which fact has also been recorded by the trial court in thejudgement passed in respect of co-accused Rameswar. Counsel has also drawnthe attention of this Court to para-2 of the aforesaid judgement, in which it hasbeen mentioned that looking to the mental status of the Hakim Yadav, hewould be tried separately. Counsel further submitted that the appellant islodged in jail since 25.09.2019 and even the charges have not been framedagainst him. It is also submitted that still appellant is not so fit to face the trialand his undergoing treatment Mansik Arogya Shala, Gwalior and also in CentralJail, Gwalior. Therefore, it is requested that at least three months' bail may begranted to the appellant so that he may get himself treated in private hospital.Hence, it is submitted that the appeal be allowed and the appellant be releasedon bail.
5. Counsel for the respondent/State, on the other hand has opposed theprayer and prays for its rejection.
6 . Having considered the rival submissions and perusal of the casediary and also the documents filed on record by the appellant, including thejudgement which has been passed in respect of the co-accused Rameswar Yadav, and the fact that the appellant is in jail since 25.09.2019 and conclusionof the trial is likely to take sufficiently long time, this Court finds force with thecontention raised by the counsel for the appellant.
7. Consequently, by setting aside the impugned order of the trial Court, the appeal is hereby allowed. It is directed that appellant shall be released ontemporary bail for a period of three months only from the date of his release,so that appellant get himself treated, subject to his furnishing a personal bond inthe sum of Rs.25,000/- (Rupees Twenty Five thousand) with one solventsurety of the like amount to the satisfaction of the concerned trial Court. Theappellant shall surrender before the Trial Court immediately on or before theexpiry of aforesaid period, failing which, the Police Authority will be at libertyto arrest the appellant without further reference to this Court.
Certified copy as per rules.
Vishal
(SUBODH ABHYANKAR)JUDGE