Shyamveer Singh vs State Of M.P. & Anr

Rajeev Kumar Shrivastava, J

This third criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short “SC/ST

Actâ€) has been filed against the order dated 20/5/2020 passed by Special Judge (Atrocities), Gwalior in Bail Application No.195/2020 by which

regular bail application of the appellant has been rejected.

The appellant has been arrested on 14/3/2020 in connection with Crime No.195/2020 registered at Police Station Bahodapur, District Gwalior for

offence under Sections 302 and 34 of IPC and Section 3 (2) (v-a) of SC/ST Act.

It is submitted by learned counsel for the appellant â€" Shyamveer Singh that this is third criminal appeal for regular bail. First appeal was withdrawn

on 22/10/2020 whereas by way of second appeal, appellant was granted interim bail for a period of 60 days which was later on extended for a further

period of 15 days. It is further submitted by learned counsel for the appellant that the appellant did not misused the liberty so granted to him. Excluding

the aforesaid interim bail period, the appellant suffered more than 12 months of incarceration. The alleged incident has occurred due to sudden

provocation as there was no previous enmity between the appellant and the deceased. There was no mens rea or intention to cause death of the

deceased. The alleged incident was a result of an altercation which arose on the issue of using crackers at the place of incident i.e. marriage garden.

Present appellant was also brutally beaten by the persons present on the spot and was admitted to the hospital in regard to which a cross-case has

also been registered at Crime No.220/2020 at Police Station Bahodapur, District Gwalior. The appellant has suffered two bony injuries. It is further

submitted by learned counsel for the appellant that the appellant is the only breadwinner in his family and the financial condition of his family is very

poor. Hence, prayed for grant of bail to the appellant. He further undertakes to abide by all the terms and conditions of guidance, circulars and

directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic

and maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the State has opposed the prayer and has submitted that present appellant is the sole and main accused in this case who shot the

deceased to death by firearm and the deceased died on the spot. CCTV footage is also there which reflects the commission of offence by the present

appellant. It is further submitted that the witnesses have also supported the prosecution case. Hence, prayed to reject the appeal, considering the

gravity of offence.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

Considering the arguments advanced by learned counsel for the appellant along with the fact that there is bleak possibility of completion of trial in near

future looking to the current COVID-19 situation, without commenting on merits of the case, the application is allowed and it is hereby directed that

the appellant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like

amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his/her house, and if the

test is found positive then the appellant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the appellant is

fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission

from local administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the appellant has violated any of the instructions (whether

general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

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/her;

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

The appellant will not indulge her self/him self in extending inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The appellant shall not commit any offence otherwise this bail order shall automatically stand cancelled;

The appellant will not move in the vicinity of complainant party and appellant will not seek unnecessary adjournments during the trial;

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

The appellant will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the

Public Prosecutor to send E-copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.