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Judgment
This criminal appeal has been filed under Section 14-A (1) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 26/7/2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Balaghat in bail application whereby learned Special Judge rejected the bail application filed by appellants Rajesh Sonwane @ Raj, Jitendra Sonwane and Rajendra Hanwat @ Bhura under Section 439 of Cr.P.C. to get bail in Crime No.626/2018 registered at P.S. Lalbarra, District Balaghat (M.P.) for the offences punishable under Section 302, 460, 120-B of IPC and Sec. 3(2)(5) of SC/ST Act.
As per the prosecution case, on 9/12/2018 co-accused Gajanand Brahme son of deceased Lekhram Brahme lodged a report at police station Lalbarra, District Balaghat (M.P.) averring that in the intervening night of 8-9/12/2018 some unknown persons murdered his father Lekhram Brahme. On that, police registered Crime No.626/2018 for the offences punishable under Sections 460 and 302 of the IPC and investigated the matter. During investigation it was found that the appellants Rajesh Sonwane @ Raj, Jitendra Sonwane, Rajendra Hanmat @ Bhura, Kaushik Meshram and co-accused Kaushik Meshram and Gajanand Bramhe came to deceased house in the intervening night of 8-9/12/2018 and murdered him. On that police arrested the appellants and other co-accused persons. On that appellants filed an application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 26/7/2019. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.
Learned counsel for the appellants submits that appellants have not committed any offence and have falsely been implicated in the offence. There is no direct evidence on record to connect the appellants with the crime. Police only on the basis of memorandum of appellants and co-accused persons implicated the appellants in the crime. Although in the case diary statement of Minesh Bramhe it is mentioned that persons who came along with co-accused Gajanand took names of each other as Vicky Daharwal, Jitendra, Bhoora and Raj but that witness also in his statement recorded by JMFC under Section 164 of Cr.P.C. did not depose this fact and only deposed one person's name as Jitendra but police did not get the test identification conducted in this regard. Charge-sheet has been filed. The appellants are in custody since 19/7/2019 and the conclusion of trial will take time, hence prayed for release of the appellants on bail.
Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and the fact that there is no direct evidence on record to connect the appellants with the crime. Police only on the basis of memorandum of appellants and co-accused persons and the statement of Minesh Bramhe implicated the appellants in the crime even police did not get the test identification conducted, charge-sheet has been filed, appellants are in custody since 19/7/2019 and conclusion of trial will take time, without commenting on merit, the appeal is allowed. The appellants Rajesh Sonwane @ Raj, Jitendra Sonwane and Rajendra Hanwat @ Bhura are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the appellants :
The appellants will comply with all the terms and conditions of the bond executed by them;
The appellants will cooperate in the trial;
The appellants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
The appellants shall not commit an offence similar to the offence of which they are accused;
The appellants will not seek unnecessary adjournments during the trial; and
The appellants will not leave India without prior permission of the trial Court.
C.C. on payment of usual charges.