Masoom Ali vs State Of Madhya Pradesh And Others

Satyendra Kumar Singh, J

Perused the case diary.

This appeal has been filed by the appellant under section 14-A (2) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act being aggrieved with the order dated 12.08.2023 passed by Special Judge (Atrocities), District Guna in Case No/Bail Application No.521/2023, whereby, the application filed by the appellant under section 438 of Cr.P.C has been rejected.

Appellant apprehends his arrest in connection with Crime No.151/2023 registered at Police Station Myana District Guna for commission of offences punishable under Sections 323, 294, 506 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

Prosecution case, in brief, is that on 5.5.2023 at about 16:00 hours when the appellant and complainant along with other people of the village were sitting in the garden, the appellant started abusing and insulting the complainant by calling his caste name and assaulted him with wooden stick and chain and caused grievous injury to him. When complainant's son Arvind came to rescue him, then the appellant slapped and assaulted him also with chain.

Learned counsel for the appellant submits that offences under SC/ST Act is not made out against the appellant as it has no where mentioned in the FIR that what specific words were told by him to the complainant at the time of incident. Rest all the offences are bailable in nature. Appellant's custodial interrogation is not required. Under these circumstances, appellant is entitled for grant of anticipatory bail.

Learned counsel for the respondent/State has opposed the appeal and submits that the complainant in his statement recorded under Section 161 of Cr.P.C. has specifically stated that the appellant insulted him calling his caste name, therefore, considering the bar contained u/S.18 of SC/ST Act, this appeal is not maintainable and appellant is not entitled for grant of anticipatory bail.

Having considered the rival submissions, material pointed out by learned counsel for the appellant, contents of the FIR with regard to the words said to be spoken by the appellant to the complainant at the time of incident and the fact that except offence under Section SC/ST Act, rest all the offences are bailable in nature, without commenting anything on merits of the case, in view of this Court, appellant deserves to be enlarged on bail. Therefore, this appeal is allowed and the impugned order passed by the Special Court is hereby set aside.

It is directed that in the event of arrest or surrender of the appellant before Arresting Authority/Investigating Officer in relation to aforementioned crime number, he shall be enlarged on anticipatory bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/Investigating Officer.

The appellant shall made himself available for interrogation before the Investigating Officer as and when required and will cooperate in the investigation. He shall further abide by the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

It is made clear that the observations made in this order shall not affect the further proceeding of the Court below.

This Appeal stands allowed and disposed of.

C. C. as per rules