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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
st
ON THE 31 OF JANUARY, 2024
CRIMINAL APPEAL No. 34 of 2024
BETWEEN:-
1. BIRJU S/O RADHESHYAM GOYAL, AGED ABOUT
24 YEARS, OCCUPATION: LABOUR SHIVAJI
NAGAR, JHUGGHI JHOPDI, DEWAS DISTRICT
DEWAS (MADHYA PRADESH)
2. SURU KHAN S/O KAYYUM KHAN, AGED ABOUT 25
Y E A R S , OCCUPATION: LABOURER SHIVAJI
NAGAR, JHUGGI JHOPADI, DEWAS JILA DEWAS
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI RAGHUVEER YARDI, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
KOTWALI DEWAS (AJK DEWAS) DISTRICT DEWAS
(MADHYA PRADESH)
2. SANTOSH S/O GHISALAL DAMAKE MOTI
BUNGLOW, JHUGGI JHOPADI, SHIV SHAKTI
GROUND, DEWAS (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI H.S. RATHORE, GOVERNMENT ADVOCATE)
T h is appeal coming on for admission this day, th e court passed the
following:
ORDER
Heard and perused the record.
This is an appeal filed by appellants under section 14-A(2) of Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 for grant of bail
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 2/1/2024
5:58:34 PM
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in connection with Crime No.934/2023 registered at Police Station KoIwali
Dewas (AJK Dewas), District Dewas (MP) for offence under Sections 323,
327, 506 & 34 of IPC and also under Sections 3(1)(r), 3(1)(s), & 3(2)(v-a) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2 . T his appeal under Section 14(A)(2) of the SC/ST (Prevention of
Atrocities) Act, 1989 has been filed against order dated 15.12.2023 passed by
Special Judge [under SC/ST(PA) Act] Dewas whereby learned Special Judge
rejected the bail application of appellants. The appellants are in custody since
31.11.2023.
3. As per prosecution story, it is alleged that applicants caused injury to
the complainant by kick and fist.
4 . Learned counsel for the appellants has submitted that appellants are
innocent and have not committed any offence. The appellants caused injury to
the complainant by kick and leg and caused injury. The appellants are in jail
since 31.11.2023 and final conclusion of trial will take sufficient long time.
Therefore, prays that the appellants/accused be released on bail.
5 . O n the other hand, learned counsel for the State has opposed the
prayer.
6 . Having taken into consideration all the fact and circumstances of the
case, custody period of the appellants. but without expressing any opinion on
the merit of the case, I am of the view that it is a case in which further pre-trial
detention of the appellant-accused is not warranted. Consequently, appeal
stands allowed.
7. It is directed that appellants be released on bail on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each
with one solvent surety each in the like amount to the satisfaction of the trial
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 2/1/2024
5:58:34 PM
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Court, for their regular appearance before the trial Court during trial with a
condition that they shall remain present before the concerned Court on all the
dates fixed by it during trial. He shall abide by all the conditions enumerated
under Section 437(3) of Cr.P.C.
8. This order shall be effective till the end of the trial. However, in case
o f bail jump and breach of any of the conditions of bail, it shall become
ineffective.
Certified copy as per rules.
(PREM NARAYAN SINGH)
JUDGE
Vindesh
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 2/1/2024
5:58:34 PM