Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 870 (MP)

Mahesh Prashad Vishwakarm v. State Of Madhya Pradesh

2020-09-08

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. This is the first criminal appeal filed by the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act (for short "the Act") against the impugned order dated 13.07.2020 passed by the Special Judge, Panna whereby the Court below has dismissed the application filed by the appellant under Section 439 Cr.P.C for grant of bail. 3. The appellant is in custody since 19.02.2020 in connection with Crime No.70/2020 registered at Police Station-Saleha, District-Panna for the offence mentioned therein. 4. The allegation against the present appellant is that he made the deceased consumed Sulphas tablets with alcohol as a result of which he died. 5. Learned counsel for the appellant submits that another co-accused Ramkishun Dhimer has already been granted bail by this Court on 30.06.2020 in Cr.A. No.3274/2020. It is also submitted by him that the case of the present appellant is similar to the case of co-accused Ramkishun Dhimer, hence the appellant may also be released on bail. 6. Learned Panel Lawyer for the respondent/State fairly submits that the allegations against the present appellant and co-accused Ramkishun Dhimer are similar in nature. 7. Considering the all over facts and circumstances of the case and the fact that co-accused Ramkishun Dhimer has already been granted bail by this Court on 30.06.2020 on the similar set of facts, I am of the view that it is a fit case to enlarge the appellant on bail, therefore, without expressing any view on the merits of the case, this appeal is allowed . The impugned order dated 13.07.2020 is hereby set aside. 8. It is directed that appellant Mahesh Prashad Vishwakarm shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court, for his presence before the said Court on all the dates of hearing fixed in this regard during the trial. 9. This order will remain operative subject to compliance of the following conditions :- "1. The appellant will comply with all the terms and conditions of the bond executed by him. 2. The appellant will cooperate in the investigation/trial, as the case may be; 3. 9. This order will remain operative subject to compliance of the following conditions :- "1. The appellant will comply with all the terms and conditions of the bond executed by him. 2. The appellant will cooperate in the investigation/trial, as the case may be; 3. 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; 4. 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. 5. The appellant will not seek unnecessary adjournments during the trial; and 6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the appellant during period of bail as a consequence of this order." 10. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Pradeep Sahu, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below. Certified copy/e-copy as per rules/directions.