Mohd. Mobin Khan vs State Of Madhya Pradesh And Others

Dinesh Kumar Paliwal, J

This criminal appeal has been filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 against the order dated 06.09.2023 passed by Special Judge SC/ST (Prevention of Atrocities) Act, Shahdol, whereby learned Special Judge has dismissed the bail application of appellant under Section 439 of Cr.P.C.

Appellant has been arrested in connection with Crime No.334/2023 registered at Police Station Amlai, District Shahdol (M.P.) for the offences punishable under Sections 294, 323, 327, 329, 307, 506 of IPC and Sections 3(1)(r)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act. Appellant is in jail since 16.7.2022.

As per the prosecution story, on 15.7.2022 Lala Baiga lodged an FIR alleging that he works as a labour in Mohd. Kalim's agricultural field. Today at around 10 A.M., he along with his friend Amit Kol and Khelu Kol had prepared chicken in agricultural field and were drinking liquor and eating chicken. In the mean time, Mohd. Mobin came and demanded Rs.500/- for consuming liquor. When he refused to give him money, Mohd. Mobin abused and pushed him, due to which he fell down in a pit and sustained injury in his waist. FIR was registered. After investigation charge sheet has been filed. Appellant is facing sessions trial.

Learned counsel for the appellant has submitted that appellant has not committed any offence. He is innocent. He has been falsely implicated. He is in jail for last 14 months. Trial could not be concluded so far. Injured has not sustained any grievous injury. A simple injury has been sustained by him. Therefore, it is prayed that appellant may be released on bail.

On the other hand, learned counsel for the State has opposed grant of bail to the appellant/accused on the ground that appellant has criminal background of 24 cases.

In this case, appellant is in jail for last 14 months. Only three witnesses have been examined so far. Injured/ complainant has already been examined before the trial Court. Now there is no possibility of influencing or tempering with prosecution evidence. Therefore, having taken into consideration all the facts and circumstances of the case including the detention period of the appellant, but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the appellant is not warranted. Consequently, this appeal under Section 14-A (1) of the SC/ST (Prevention of Atrocities) Act, 1989 is allowed.

It is directed that appellant - Mohd. Mobin Khan be released on bail on 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 trial Court, for his regular appearance before the trial Court during trial with a condition that he 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.

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.