Madhya Pradesh High Court

CRA/858/2024 of SONU PAL 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 DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024

CRIMINAL APPEAL No. 858 of 2024

BETWEEN:-

SONU PAL S/O SHRI BHAGONI PAL, AGED ABOUT29 YEARS, OCCUPATION: FARMER R/O VILLAGEVELAI P.S. NARIYIAWALI DISTRICT SAGAR(MADHYA PRADESH)

(BY SHRI MANISH KUMAR TIWARI - ADVOCATE)

.....APPELLANT

AND

1.THE STATE OF MADHYA PRADESHTHROUGH POLICE STATION NARIYAWALIDISTRICT SAGAR (MADHYA PRADESH)THROUGH POLICE STATION NARIYAWALIDISTRICT SAGAR (MADHYA PRADESH)

2.SHAILENDRA GANDARY S/O SHRIDEVENDRA GANDHARV, AGED ABOUT 20Y E A R S , OCCUPATION: FARMER R/OVILLAGE HAWLA P.S. NARYAWALI CRIMENO. 0382/2022 P.S. NARYAWALI DISTRICTSAGAR (MADHYA PRADESH)DEVENDRA GANDHARV, AGED ABOUT 20Y E A R S , OCCUPATION: FARMER R/OVILLAGE HAWLA P.S. NARYAWALI CRIMENO. 0382/2022 P.S. NARYAWALI DISTRICTSAGAR (MADHYA PRADESH)

(BY SHRI NISHANT YADAV - PANEL LAWYER)

.....RESPONDENTS

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

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ORDER

This fifth appeal under Section 14-A of the Scheduled Castesand the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed assailing the order dated 06.1.2024 passed by learnedSpecial Judge, SC/ST (Prevention of Atrocities) Act, District Sagar(M.P.), whereby bail application under Section 439 of Cr.P.C. filedon behalf of appellant/accused has been dismissed.

Appellant's first,second and fourth criminal appeals weredismissed as withdrawn and not pressed vide orders dated15.02.2023, 01.03.2023 and 03.01.2024 passed inCr.A.Nos.6604/2023, 2835/2023 and 14714/2023 respectively whilehis third criminal appeal was dismissed on merits vide order dated08.08.2023 passed in Cr.A.No.8167/2023.

2 . Appellant has been arrested in connection with F.I.R.No.382/2022 dated 4.11.2022 registered at Police Station -Nariyawali, District Sagar (M.P.) for commission of offence underSections 294, 307 of IPC, Sections 3(1)(s), 3(r) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989. Appellant is in detention since 1.12.2022.

3. As per the prosecution story, on 3.11.2022, at around 10P.M. Shailendra had gone for watering the field, when he did notreturn in the morning, his brother went for his search. On the way, hewas informed by Balla Raikwar that Shailendra is lying near hillock,when he reached there, he found multiple injuries on Shailendra'sforehead, lips. His brother informed that Sonu Pal had abused himand caused injuries by means of axe on his person. Injured was taken to Medical College, Sagar and from there he was taken to Nagpur. FIR was registered.

4. Learned counsel for the appellant has prayed for bail on theground of slow progress of the trial as prosecution witnesses did notturn-up on 3-4 occasions.

5. On the other hand, learned counsel for the State has opposedgrant of bail to the appellant/accused and has submitted thatappellant's first, second and fourth criminal appeals have beendismissed as withdrawn and his third criminal appeal was dismissedon merits vide order dated 08.08.2023 passed in Cr.A.No.8167/2023.

6. In this case appellant is facing trial for attempting to commitmurder of injured Shailendra whom he had taken to hillock. Accusedhas caused injuries by means of an axe on the person of injured andinjuries were found grievous and life threatening. Appellant's thirdcriminal appeal has already been dismissed on merits. As far delayin trial is concerned, on perusal of order sheets it is apparent thatinjured witnesses Jitendra and Shailendra had turned-up for tenderingtheir evidence but for the reasons best known to the trial court, their evidence was not recorded. Now bailable warrants are being issuedto procure their attendance but on perusal of order sheet dated23.08.2023, it is apparent that no bailable warrants were issuedagainst them.

7. In view of aforesaid, it cannot be said that there is any

delay in trial. Only 07 months ago trial has commenced. Therefore, Ifind no reason to release the appellant on bail. Consequently, this fifthcriminal appeal under Section 14-A of SC/ST (Prevention ofAtrocities) Act, stands dismissed.

MKL

(DINESH KUMAR PALIWAL)JUDGE

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