Balu @ Navneet And Others : Vikash @ Monti And Others : Jitendra Sahu And Others : Sushil Thakre And Others : Uttam Baraskar v. State Of Madhya Pradesh And Others
2020-02-17
B.K.SHRIVASTAVA
body2020
DigiLaw.ai
JUDGMENT 1. In Cr.A. No. 1051/2020, interim application no. 3149/2020 has been filed on 12/02/2020 for amendment in the name of respondent no. 2/complainant. It is submitted that the real name of respondent no. 2 is Ashish Katolkar which is already mentioned in other appeals. Due to some clerical mistake, the correct name has not been mentioned. 2. The State did not object and submitted that the notice has been served on real complainant Ashish Katolkar. 3. Therefore, looking to the clerical mistake, the application is allowed. 4. Amendment is incorporated by the counsel before the Court. 5. Heard on all the five appeals filed under Section 14-A of S.C./S.T. Act. Cr.A. No. 929/2020 has been filed on 23/01/2020 on behalf of Vikash @ Monti and Ashish Kose. Cr.A. No. 947/2020 has been filed on 24/01/2020 on behalf of Jitendra Sahu, Sandeep Mahale, Ritesh Sahu, Uttam Dhote, Vickky Dhote, Gulab @ Lalu Dhote, Atul Thakre and Mohit Thakre. Cr.A. no. 957/2020 has been filed on 24/01/2020 on behalf of Sushil Thakre, Rakesh, Aniket Bhoje, Prakash Mahale, Vamanrao Dhote, Pandurang Dhote, Rakesh Sahu, Bhanu Thakre and Namdeo. Cr.A. No. 1037/2020 has been filed on 27/01/2020 on behalf of Uttam Baraskar and Cr.A. No. 1051/2020 has been filed on 28/01/2020 on behalf of Balu @ Navneet and Rama. 6. At the time of beginning the argument, counsel for the appellants in Cr.A. No. 947/2020 submitted that he does not want to press this appeal on behalf of appellant no. 7 Atul Thakre and appellant no. 8 Mohit Thakre. 7. Therefore, this appeal Cr.A. No. 947/2020 is partly dismissed in reference to appellant no. 7 Atul Thakre and appellant no. 8 Mohit Thakre. 8. Detailed arguments heard upon all the five appeals. 9. Case diary of Crime No. 401/2019 registered at Police Station Athner, District Betul for offences punishable under Sections 436, 147, 148, 149, 427, 34 of I.P.C., Sections 3(2)(iii), 3(2)(iv), 3(2)(v) and 3(2)(va) of S.C./S.T. Act also perused. 10. It is submitted by learned counsel for the appellants in Cr.A. No. 957/2020 that there are twenty-four accused named in the F.I.R. They are close relative to each other. Only upon the basis of relationship, the names of appellants have been included in the F.I.R. No overtact has been alleged in reference to the appellants except Mohit and Atul. Charge-sheet has been filed. 11.
Only upon the basis of relationship, the names of appellants have been included in the F.I.R. No overtact has been alleged in reference to the appellants except Mohit and Atul. Charge-sheet has been filed. 11. Shri Abhijeet Awasthy, learned counsel for the appellants in Cr.A. No. 947/2020 also supported the aforesaid argument and submitted that the appellants have been falsely implicated in this case having no any criminal background. 12. Shri Rahul Diwakar, learned counsel for the appellants in Cr.A. No. 1051/2020 also submitted that there is no specific allegation against the appellants. Due to enmity, three separate F.I.Rs. have been registered and the appellants got bail in two other cases related to Crime No. 402/2019 and 403/2019. 13. Shri Pradeep Singh Chouhan, learned counsel for the appellants in Cr.A. Nos. 929/2020 and 1037/2020 also supported the arguments advanced by other colleague Advocates in different appeals. It is also submitted by the counsel that the challan has been filed. There is no any criminal background of any of the accused. The incident happened in sudden spur of moment, therefore, appellants should be enlarged on bail. 14. On the other side, the State strongly opposed the appeals. It is submitted by the State that the appellants were members of mob who created violence and burnt the shop of complainant, caused wrongful loss of more than Rs. 2.5 lakhs, therefore, appellants are not entitled to get the bail. 15. The applications filed under Section 439 of Cr.P.C. by the appellants have been dismissed by Special Judge, Betul on different dates. Against the aforesaid orders, these appeals have been preferred. 16. It appears from the case diary that F.I.R. has been lodged by Ashish Katolkar. As per his report, his brother Akash and girl pooja belonged to the same village and fled away from their house without informing any of the family member. They belonged to different castes. They came back on 27/12/2019. The girl was not willing to go back to her own family. Therefore, dispute arose in the village between both castes. The complainant was running a small shop of shoes and slippers. All the appellants reached at about 9:30 P.M. of 27/12/2019 and Mohit brought petrol and Atul Thakre burnt the shop of the appellants by the aforesaid petrol and caused wrongful loss of about three to four lakhs. 17.
Therefore, dispute arose in the village between both castes. The complainant was running a small shop of shoes and slippers. All the appellants reached at about 9:30 P.M. of 27/12/2019 and Mohit brought petrol and Atul Thakre burnt the shop of the appellants by the aforesaid petrol and caused wrongful loss of about three to four lakhs. 17. Looking to the overall evidence collected in the case diary, it appears that all the appellants were members of mob but the active role was played by Mohit Thakre and Atul Thakre who burnt the shop of complainant by petrol. No specific role has been mentioned in the F.I.R in reference to other appellants except Mohit Thakre and Atul Thakre. The appeal filed by Mohit Thakre and Atul Thakre has already been withdrawn at the beginning of this order. 18. As far as other appellants are concerned, it is an admitted position that there is no any criminal background of any of the appellants. This is the first offence of all the remaining appellants. Challan has been filed. Looking to the custody period and all circumstances of the case, all the five appeals are allowed. It is ordered that appellants Vikash @ Monti and Ashish Kose in Cr.A. No. 929/2020, Jitendra Sahu, Sandeep Mahale, Ritesh Sahu, Uttam Dhote, Vickky Dhote, Gulab in Cr.A. No. 947/2020, Sushil Thakre, Rakesh, Aniket Bhoje, Prakash Mahale. Vamanrao Dhote, Pandurang Dhote, Rakesh Sahu, Bhanu Thakre, Namdeo in Cr.A. No. 957/2020, Uttam Baraskar in Cr.A. No. 1037/2020, Balu @ Navneet and Rama in Cr.A. No. 1051/2020 shall be released on bail upon their furnishing bail bond worth Rs. 10,000/- (Rupees Ten Thousand only) each and personal bond of the same amount to the satisfaction of the trial court. C.C.as per rules.