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Judgment
9 paragraphs · 351 wordsGurpal Singh Ahluwalia, J
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 "Act").
Case diary is available.
This tenth repeat appeal has been filed under Section 14-A (2) of the A c t against the order dated 18/04/2020 passed by Special Judge (Atrocities Act) Shivpuri, rejecting the bail application. Ninth appeal of the appellant was dismissed by order dated 13.07.2022 passed in Cr.A. No.5844/2022.
The appellant has been arrested on 18/02/2020 in connection with Crime No.98/2020 registered by Police Station Karera, District Shivpuri for offence punishable under Sections 302, 307, 294, 323, 147, 148 and 149 of IPC and Sections 3(2)(v) of the Act.
The ninth appeal of appellant was dismissed by order dated 13.07.2022 passed in Cr.A. No.5844/2022. It is submitted by counsel for appellant that thereafter four dates have been fixed but not a single witness has been examined by the prosecution and appellant is in jail from 18.02.2020 i.e. about two and a half years.
By referring to order dated 20.07.2022 (according to the counsel for appellant, the date of order has been erroneously mentioned as '06.01.2022'), it is submitted that Dr.Akhilesh Sharma, Dr. Suneel Jain and Dr. Pradeep Sharma were not present. However, in the same order sheet, it is mentioned that Narendra Singh Paliya was given up. Thereafter the case was taken up on 16.08.2022 and on the said date also, Suneel Jain was given up. Thereafter, the case was taken up on 02.09.2022 and on the said date also, Dr. Akhilesh Sharma was given up. Thereafter, the case was fixed for 17.09.2022 and it appears that on the said date, no prosecution witness appeared and the case is fixed for 31.10.2022.
Thus, it appears that the witnesses are appearing before the Trial Court. The previous appeals of appellant have already been dismissed on merits. No change in circumstances could be pointed out by counsel for appellant.
Accordingly, the appeal fails and is hereby dismissed.