Aslam Khan vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

It is submitted by the counsel for the State that the complainant has been informed about the pendency of this appeal as required under Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short Act, 1989 ).

Case diary is available.

This second repeat appeal has been filed under Section 14-A(2) of the Act against the order dated 21/03/2022 passed by Special Judge, SC/ST Act, Ashok Nagar (M.P.) rejecting the bail application. First appeal was dismissed as withdrawn by order dated 15/06/2022 passed in CRA No.4580/2022.

The appellant has been arrested on 18/08/2019 in connection with Crime No.424/2019 registered by Police Station Chanderi, District Ashoknagar for offence punishable under Sections 302, 307, 323, 34 of IPC and Section 3(2) (va) of SC/ST Act and Section 25 (B) of Arms Act.

It is submitted by the counsel for the appellant that all the prosecution witnesses including the injured persons have been examined and they have not supported the prosecution case. At present, there is no substantive evidence against the appellant. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tempering with prosecution witnesses.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that Mahendra is yet to be examined.

In reply, it is submitted by the counsel for the appellant that so far as Mahendra is concerned, he is a hear-say witness, who was informed by Govind (P.W.1) and Govind has been examined and he has not supported the prosecution case.

However, after going through the deposition sheet of the witnesses, it is fairly conceded by the State counsel that witnesses have been examined and they have not supported the prosecution case. It is submitted that it appears that either the witnesses had made a false report or they have not narrated the true facts before the Court, therefore, they are liable to be prosecuted.

Whether the prosecution of witnesses is desirable or not is left to the discretion of the Trial Court. Therefore, it is directed that the Trial Court while deciding the trial shall address on this issue also and shall pass a specific order as to whether the prosecution of the witnesses is warranted or not.

Considering the period of detention as well as the fact that the witnesses have turned hostile and without commenting on the merits of the case, the appeal is allowed. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.