Shiva Kushwah vs State Of M.P. & Anr

G.S. 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 “Actâ€​).

Case diary is available.

This seventh criminal appeal has been filed under Section 14-A (2) of the Act against the order dated 3.5.2021 passed by Special Judge (Atrocities

Act) Gwalior, rejecting the bail application. The sixth criminal appeal was dismissed as withdrawn by order dated 24.11.2021 passed in CRA

No.6729/2021.

The appellant has been arrested on 12.4.2021 in connection with Crime No.90/2021 registered by Police Station Girwai, District Gwalior for offence

punishable under Sections 323, 294, 324, 427, 506, 147, 149, 307, 34 of IPC and under Sections 3(1)(r)(s) and 3(2) (v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by the counsel for the appellant that although the previous criminal appeals of the appellant have already been dismissed on merits but

he is in jail from 12.4.2021 i.e. more than eight months. The allegations are that the appellant hit the injured by means of brick. The appellant has filed

the copies of the order sheets of the Trial Court which shows that the witnesses are not turning up. It is further submitted that in view of the criminal

antecedents of the appellant, he is ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the appeal is vehemently opposed by the counsel for the State. It is submitted that the appellant has a criminal history and 10 criminal

cases have been registered against him and the appellant has already been convicted for offence under Section 451 of IPC and under Section 7/11 of

the POCSO Act.

Considering the period of detention and without commenting on the merits of the case, the appeal is allowed. It is directed that the appellant shall be

released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac Only) or in the alternative on depositing his original title-deed(s) [not Rin

Pustika] of the immovable property worth of more than the said amount, as directed by the Supreme Court in the case of Sharo @ Shahrukh Vs. The

State of MP by order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 to the satisfaction of the Trial Court/Committal Court to appear before the

Court on the dates given by the concerned Court. This order shall remain effective till the end of trial but in case of bail jump, it shall become

ineffective.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically

come to an end and the cash surety so furnished by the appellant shall automatically stand forfeited without any reference to the Court. In case, the

title deeds have been deposited, then the same shall not be returned unless and until the surety amount is deposited.

It is further directed that the appellant shall appear before the S.H.O. Police Station Girwai, District Gwalior on 1st of every month during the

pendency of the Trial.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal

Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

CC as per rules.