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Judgment
G.S. Ahluwalia, J
This fourth Criminal Appeal for grant of bail has been filed under Section 14 A (2) of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities), Act, 1989 against the order dated 31.12.2020 passed by Special Judge (Atrocities), Vidisha by which the application filed by the appellant
for grant of bail has been rejected.
The third criminal appeal was disposed of by order dated 07.06.2021 passed in Cr.A. No. 2955/2021, by which the appellant was granted temporary
bail for a period of two months.
The appellant has been arrested on 28.12.2020 in connection with Crime No.535/2020 registered at Police Station Sironj, District Vidisha for offence
punishable under Section 498-A, 323, 377 of IPC, Section ¾ of Dowry Prohibition Act and under Section 3 (2) (v a), 3 (1) (w-i) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities), Act.
It is submitted by counsel for appellant that after appellant was released on temporary bail, he has suffered from Hepatitis B and in support of the
contention, he has filed the copy of prescriptions dated 25.06.2021 and 01.07.2021. It is further submitted that after the completion of period of
temporary bail, the appellant has surrendered before the trial Court.
Per contra, the appeal is vehemently opposed by counsel for the State as well as the complainant.
So far as merits of the case are concerned, the previous appeals of appellant for bail have already been rejected on merits. It is the contention of
counsel for appellant that after release on temporary bail, appellant has suffered from Hepatitis B and accordingly, he has undergone medical
treatment on 25.06.2021 and 01.07.2021 and now, he has surrendered before the court on 09.08.2021.
Considered the submissions made by counsel for appellant. The latest prescription is of 01.07.2021, whereas according to the appellant, he has
surrendered on 09.08.2021 i.e. after more than one month. No document has been filed by appellant that he had ever taken any treatment after
01.07.2021. Further in the prescription dated 01.07.2021, the appellant was advised to hospitalization. However, no document has been filed that
appellant was ever hospitalized. Thus, it is clear that medical documents filed by the appellant cannot be relied upon as he himself has not taken any
treatment as per the advise given by Doctor on 01.07.2021.
Accordingly, no case is made out for grant of bail even on medical ground.
The appeal fails and is hereby dismissed.