Madhya Pradesh High Court

CRA/16192/2023 of ARUN ALIAS DHIRU JAIN Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024

CRIMINAL APPEAL No. 16192 of 2023

BETWEEN:-

ARUN ALIAS DHIRU JAIN S/O ASHOK KUMAR JAIN,AGED ABOUT 37 YEARS, RESIDENT OF SELHA ROADPOLICE STATION DEVENDRA NAGAR PANNA DISTRICTPANNA (MADHYA PRADESH)

(BY SHRI SANJAY K. PATEL - ADVOCATE)

.....APPELLANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICES TATI ON DEVENDRA NAGAR DISTRICT PANNA(MADHYA PRADESH)

(BY SHRI PRAMOD CHOUBEY - GOVT. ADVOCATE)

.....RESPONDENTS

This appeal coming on for admission this day, the court passed the following:

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ORDER

This is the first criminal appeal filed on behalf of the appellant underSection 14-A(a) of Scheduled Castes and Scheduled Tribes (Prevention ofAtrocities) Act, 1989 for grant of bail against order dated 23.12.2023 passed bySpecial Judge, SC & ST (Prevention of Atrocities) Act, Panna (M.P.) passed inB.A. No.485/2023.

2. Appellant has been arrested on 23.08.2023 in connection with FIRNo.471/2023, registered at Police Station-Devendra Nagar, District Panna(M.P.) for the offences punishable under Sections 294, 323, 506 of IPC and

Section 3(2)(da), 3(1)(dha), 3(2)(va), 3(2)(v) of Scheduled Castes andScheduled Tribes (Prevention of Atrocities) Act, 1989.

3. It is submitted by learned counsel appearing for appellant that appellantis in jail since 22.12.2023. All offences are bailable except offence under theSchedule Castes and Schedule Tribes (Prevention of Attrocities) Act. Offencecommitted by appellant is not of serious in nature. Though, appellant is havingcriminal antecedents of 16 cases but in most of the cases, he has beenacquitted. Copies of 8 cases were produced before the Court for perusal toshow that appellant was acquitted in said 8 cases. It is submitted that othercases are not serious and triable in nature. Considering the allegations madeagainst him, appellant be enlarged on bail.

4 . Learned Government Advocate appearing for State opposed thecriminal appeal for grant of bail. It is submitted that appellant is having criminalantecedents of 16 cases and copies of only 8 cases are produced before thisCourt.

5. Heard the learned counsel for the parties.

6. Appellant is acquitted in 8 criminal cases registered against him. As faras other cases are concerned, same are of the year previous to 2019 and are notof very serious in nature. Offence alleged against appellant are bailable exceptoffence under the Schedule Castes and Schedule Tribes (Prevention ofAtrocities) Act. Appellant is in jail for sometime.

7. Considering aforesaid facts and circumstances of the case, criminal appeal filed by appellant is allowed on conditions that appellant will not indulgein any other offence in future and if appellant is found involved in any otheroffence, then bail granted to appellant shall stand cancelled and he be sent tocustody in this Crime Number.

8. It is directed that on furnishing a personal bond of Rs.50,000- (Rupees Fifty Thousand Only)by the appellant along with one solvent surety in the like amount to the satisfaction of trial Court concerned, the appellant bereleased on bail.

9. The appellant shall abide by the following conditions of Section 437

(3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with theconditions of the bond executed under this Chapter;conditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to theoffence of which he is accused, or suspected of the commission ofwhich he is suspected and;offence of which he is accused, or suspected of the commission ofwhich he is suspected and;

(c) that such person shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case as to dissuade him from disclosing such facts tothe Court or to any police officer or tamper with the evidence.

10. C.C. as per rules.

nd

(VISHAL DHAGAT)JUDGE

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