Rahul Parihar vs State Of Madhya Pradesh And Another

Learned counsel for the rival parties are heard.

At the outset, learned Public Prosecutor has apprised this Court that respondent no.2/complainant has been informed with regard to pendency of this appeal as required under section 15A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

This third appeal has been preferred under section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") against the order dated 12/6/18 passed by Special Judge (under the SC/ST Act), Vidisha . The earlier ones have been dismissed as withdrawn vide orders dated 20/8/19 and 14/8/18 passed in Cr.A. Nos.1760/19 and 4645/2018 respectively.

After being arrested by Police Station Gulabganj District Vidisha (M.P.) in connection with Crime No. 84/18 registered in relation to the offences punishable under sections 302 and 34 of the IPC and Section 3(2)(v) of the SC/ST Act., the appellant is in judicial custody.

Prosecution story in short is that he alongwith co-accused persons have committed murder of the deceased Mithun Vanshkar. On the aforesaid basis, crime has been registered.

Learned counsel for the appellant submits that he has falsely been implicated in the matter. He is in custody since last more than one year. It is submitted that charge sheet has been filed and no further custodial interrogation is required in the matter. There is no eye witness of the incident. Four witnesses have turned hostile and have not supported the prosecution story. Co-accused Vishal Raikwar has been released on bail vide order dated 27/8/19 passed in Cr.A. No.375/2019 and the case of the appellant is on better footing. It is submitted that trial will take time and early conclusion of the trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Under these grounds, appellant prays for grant of bail

Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the period of custody, without expressing any opinion on merits of the case, the impugned order is set aside and this appeal u/S 14(A)(2) of SC/ST(Prevention of Atrocities)Act 1989 stands allowed and it is directed that the appellant namely Rahul Parihar be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with two local sureties each of Rs. 50,000/- (Rs. Fifty Thousand Only) in the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the appellant:-

The appellant will comply with all the terms and conditions of the bond executed by him;

The appellant will cooperate in the investigation/trial, as the case may be;

The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The appellant shall not commit an offence similar to the offence of which he is accused;

The appellant will not seek unnecessary adjournments during the trial; and

The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.