CRA/10565/2019 of VEERU KHATIK Vs THE STATE OF MADHYA PRADESH on 30 December 2019

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.10565/2019Veeru Khatik Vs. State of M.P. and another Gwalior, Dated :30/12/2019

Shri P.S. Bhadoriya, Advocate for appellant.

Shri Vinay Kumar, Panel Lawyer for respondent no.1/State.None for the complainant.

It is submitted by the Counsel for the State that thecomplainant has been informed about the pendency of this appeal asrequired under Section 15-A of Scheduled Castes and ScheduledTribes (Prevention of Atrocities) Act, 1989.

Case Diary is available.

This first Criminal Appeal for grant of bail has been filed underSection 14A(2) of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities), Act, 1989 (in short Act, 1989) against theorder dated 14/9/2018 passed by Special Judge, Morena in BailApplication No.1106/2018 by which the application filed by theappellant for grant of bail has been rejected.

The appellant has been arrested on 3/8/2018 in connection withCrime No.594/2018 registered at Police Station Kotwali DistrictMorena for offence punishable under Sections 363, 364A, 120-B ofIPC, under Section 3 (2) (v) of Act, 1989 and under Section 11/13 ofthe MPDVPK, Act.

This appeal has been filed for grant of bail on the ground of

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.10565/2019Veeru Khatik Vs. State of M.P. and another delay. It appears that the co-accused has absconded from the trialcourt and accordingly, his case has been separated by order dated5/9/2019. Thereafter, on 23/9/2019 and 31/10/2019 the witnesses didnot appear because of non-service of summons. It is further submittedthat even on 28/11/2019 nobody appeared.

Per contra, the application is opposed. It is submitted by theState counsel that every efforts shall be made to serve the witnesses.

In view of the statement made by the counsel for the State,nothing survives in this appeal. The SP, Morena is directed to ensurethat no summons remains unserved and he shall also personallyensure that the witnesses do appear before the trial court without anyfurther delay.

With aforesaid observations and directions, the appeal isfinally disposed of.

The appellant is directed to file a certified copy of this orderbefore the trial court for necessary information and compliance.

The office is directed to send a copy of this order to the SP,Morena for its compliance.

Arun*

(G.S. Ahluwalia)

Vacation Judge