Shubham Sharma vs State Of Madhya Pradesh & Anr

S.A.Dharmadhikari, J

At the outset, learned Public Prosecutor apprised this Court that respondent No.2/complainant has been informed with regard to pendency of this

appeal as required under section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the

Actâ€​).

This first criminal appeal has been preferred under section 14A(2) of the Act against the impugned order dated 30.04.2021 passed by Seventh

Additional Sessions Judge, Guna, whereby appellant's application under Section 439 of the Code of Criminal Procedure has been rejected by the Court

below.

The appellant has been arrested on 15.03.2021 by Police Station- Cantt., District Guna, in connection with Crime No.1395/2020 registered in relation

to the offences punishable under Sections 307, 294, 323, 341, 435, 147, 148, 149 of IPC and Section 3(2)(va), 3(2)(v) of SCST Act.

Allegation against the appellant and other co-accused persons, in short, is that on 27.12.2020 a report was lodged that at about 10.30 in the night co-

accused Manjeet, Golu, Kuldeep alongwith present appellant Shubham Sharma and other persons armed with katta, sword and lathies met the

complainant and fired in the air. Thereafter, present appellant Shubham inflicted injury to the complainant on his back by sword, whereas co-accused

Kuldeep and Golu beat the complainant with lathies, due to which he received injuries. On the basis of the aforesaid, crime has been registered.

Learned counsel for the appellant submits that appellant is aged about 20 years and has falsely been implicated in the case. He is in custody since

15.03.2021. Charge sheet has been filed, therefore, no further custodial interrogation is required. According to MLC report, the injuries are not

dangerous to life and simple in nature, therefore, offence under Section 307 of IPC is not made out against the present appellant. At the most offence

under Section 323 of IPC may be made out against the present appellant. Co-accused Kuldeep Rawat has already been enlarged on bail by this Court

vide order dated 22.04.2021 passed in M.Cr.C. No.2600/2021. Disposal of the matter will take long time. It is further submitted that trial is held up due

to COVID-19 and the appellant cannot be kept in custody for an unlimited period without any substantial reason.

Learned counsel for the appellant further submitted that in view of COVID-19 outbreak, detention of appellant in already congested prisons may be

detrimental. Appellant is permanent resident of District Guna and there is no likelihood of absconsion or tampering with the prosecution evidence and

he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions prayer for grant of bail is made.

On the other hand, learned Public Prosecutor opposed the application by contending that on the basis of the allegations and the material available on

record, no case for grant of bail is made out. It is further submitted that there are in all five criminal cases registered against the present appellant out

of which three cases are of similar nature and he is a habitual offender. On all such grounds, he prays for rejection of bail application.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty so also considering the fact that in view of second wave of COVID-19 pandemic and with a

need to decongest the jail, which are the potential hot spots for spread of infection, this Court is inclined to extend the benefit of bail to the appellant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the appellant namely Shubham

Sharma be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one local surety of the like

amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. The appellant shall also

furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government,

State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid

proliferation of Corona virus.

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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

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 trial Court concerned for compliance.

Certified copy as per rules.