Pradeep Singh vs State Of Madhya Pradesh And Others

Gurpal Singh Ahluwalia, J

None for the respondent No. 2/complainant.

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 ActÂ).

Case diary is available.

This is third repeat appeal has been filed under Section 14-A (2) of the Act against the order dated 05/12/2020 passed by Special Judge (Atrocities Act) Ashoknagar, rejecting the bail application. Fourth appeal of the appellant was dismissed by order dated 06/12/2021 passed in CRA No.6744/2021.

The appellant has been arrested on 31/05/2020 in connection with Crime No.108/2020 registered by Police Station Bahadurpur, District Ashoknagar for offence punishable under Sections 307, 294, 147, 148, 149, 436 and 302 of IPC and Sections 3(2)(v), 3(2)(iv), 3(1)(da) and 3(1)(dha) of the Act.

The previous bail application of the appellant has already been dismissed on merits by order dated 06/12/2021 in CRA No.6744/2021. The SLP filed by co-accused Girraj Yadav have already been dismissed twice by the Supreme Court. The appellant is duly identified in TIP. As no change in circumstance could be pointed out by the counsel for the applicant, the application fails and is hereby dismissed.

At this stage, it is submitted by the counsel for the appellant that since, the appellant is in jail from 31/05/2020, therefore, the Trial Court may be directed to expedite the hearing of the trial.

Considered the submissions made by the counsel for the applicant. Speedy trial is a fundamental right of an accused. However, from the order-sheets of the Trial Court, it is clear that multiple applications are being filed by the co-accused, therefore, the Trial Court is not in a position to proceed further.

Under these circumstances, it cannot be held that there is a delay on the part of the prosecution. Further more, in the light of the judgment dated 11/03/2022 passed in SLP (Crl.) Diary No.30839/2021 by the Supreme Court in the case of M. Gopalakrishnan & Ors. vs. Pasumpon Muthuramalingan & Anr., this Court should not disturb the Calender of the Board of Trial Court in a casual manner.

Therefore, for the time being, the prayer for direction for expedited hearing of Trial Court cannot be accepted.

Accordingly, the application fails and is hereby dismissed.