Vinod Sharma 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.

Case Diary is available.

This second repeat appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by the order dated 19/03/2021 passed by Special Judge, Bhind rejecting the anticipatory bail application.

The appellant apprehends his arrest in Crime No.21/2021 registered by Police Station Barohi, District Bhind for offence punishable under Sections 302, 465, 467, 471, 166, 166-A, 193, 196, 197, 199, 203, 218, 201 of IPC and Section 3(1)(V), 3(2)(IV) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "SC/ST Act").

The first criminal appeal filed by the appellant was dismissed on merits by order dated 07/04/2021 passed in CRA No.2401/2021.

Being aggrieved by the said order, the appellant had preferred SLP (Cri) No.3897/2021, which was dismissed by the Supreme Court by order dated 28/05/2021 with liberty to the appellant to surrender before the competent Court within a period of four weeks. Undisputedly, the said period of four weeks has expired and the appellant has not surrendered yet. Thereafter, miscellaneous application No.848/2021 was filed in SLP (Cri.) No.3897/2021 and by order dated 28/06/2021 a further time of two weeks was granted by the Supreme Court to surrender. Even that period has expired but the appellant has not surrendered.

It is submitted by the counsel for the appellant that in fact it is a case of no evidence and the appellant has been falsely implicated and no prima facie case is made out.

The counsel for the appellant was directed to address on the question as to whether this Court can reconsider the facts of the case specifically when, his first criminal appeal has already been dismissed on merits as well as SLP has been dismissed by the Supreme Court. The counsel for the appellant tried to convince this Court that since the SLP was dismissed in a limine, therefore, this Court can reconsider the facts of the case.

However, the said submission made by the counsel for the appellant cannot be accepted. It appears that the order dated 07/04/2021 was passed by Co-ordinate Bench of this Court and the present appeal has been listed before this Court as Hon'ble Judge, who had decided the first criminal appeal has been transferred. Therefore, it appears that on account of transfer of the Hon'ble Judge, who had decided the first criminal appeal, the appellant is trying to take his chance before another Bench. This practice has to be deprecated.

Once, the criminal appeal has already been dismissed on merits and SLP has also been dismissed and the appellant has not surrendered in spite of the protection of four weeks and subsequently two weeks given by the Supreme Court, the second criminal appeal cannot be reconsidered on merits.

Furthermore, there are no change in circumstance except that the appellant has not surrendered in spite of opportunities given by the Supreme Court.

As no case is made out for entertaining the repeat criminal appeal, accordingly, the appeal fails and is hereby dismissed.