Pankaj vs State Of Madhya Pradesh And Others

Vijay Kumar Shukla, J

This is third criminal appeal filed on behalf of the appellant under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1980 r/w section 439 of Cr.P.C.

The appellant was arrested on 05.03.2024 in connection with Crime No.09/2024 registered at the Police Station Lalghati District Shajapur (M.P.) for the offences punishable under Sections 456, 354, 506, 34 of IPC, Sec 3(2)(va), 3(1)(wi) of SC/ST (Prevention of Atrocities Act) 1989 (Amendment Act) 2015.

While deciding the second criminal appeal, this court in CRA No.3743/2024 granted liberty to the appellant to renew the prayer after recording the court statement of the prosecutrix.

Learned counsel for the appellant submit that the statement of the prosecutrix has been recorded and in the court statement she has not made any allegation against the appellant. The allegation has been made against the co-accused Sonu. In the cross-examination also she has specifically denied the commission of offence by the appellant.

Learned counsel for the respondent/state opposed the prayer.

After hearing learned counsel for the parties and considering the court statement of the prosecutrix that she has not made any allegation against the appellant, the appellant is in jail since 05.03.2024 and the trial may take time to conclude, I am of the view that the appellant is entitled for bail.

Accordingly, without commenting on the merits of the case, the appeal of the present appellant filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed.

It is directed that the appellant- Pankaj shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one surety of the like amount to the satisfaction of the trial Court. It is directed that the appellant shall comply with the provisions of Section 437(3) of Cr.P.C..

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

A typed copy of this order be forwarded to the Office of learned Government Advocate. The Office is also directed to forward a copy of this order to the learned Court below.

The appeal is accordingly allowed and disposed off.