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2022 DIGILAW 1465 (MP)

Devkunwar v. State of Madhya Pradesh

2022-12-08

DINESH KUMAR PALIWAL

body2022
JUDGMENT Dinesh Kumar Paliwal, J. - These two appeals under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 has been filed against the order dated 23.11.2022 and order dated 28.11.2022, respectively passed by learned Special Judge SC/ST (Prevention of Atrocities) Act, District-Chhatarpur, whereby bail applications under Section 439 of Cr.P.C. filed on behalf of appellants/accused have been dismissed. 2. Appellants have been arrested in connection with Crime No.343/2022 registered at Police Station-Lavkushnagar, District-Chhatarpur (M.P.) for commission of offence under Section 306 of IPC and 3(2)(v) of SC/ST (Prevention of Atrocities) Act. Appellant Smt. Devkunwar is in detention since 12.11.2022 and appellant Lachhiram Ahirwar is in detention since 16.11.2022. 3. As per prosecution story, on 06.04.2021, at around 8:00 pm Hardayal Ahirwar resident of village Tahnaga lodged an FIR stating that some people informed his brother Anantram Ahirwar on phone that his younger brother Ram Prakash Ahirwar is lying unconscious near the field of Nathuram Ahirwar. 4. At this, his nephew Rajbahadur along with villagers reached there and brought Ram Prakash Ahirwar back. He was in unconscious condition. He was taken to the Government Hospital Lavkush Nagar where he was declared brought dead. They brought back the dead body of Ram Prakash at village Tahnaga and found that on the left palm of deceased name of Harcharan Kori, Bablu Ahirwar, Lachhiram Ahirwar, Vijay Ahirwar, Kallu Kacchi and Chavi Kishore Rawat were written. They suspect that these people have forcibly administered some poisonous substance to his brother. The name written on the left palm of the deceased were sent for handwriting examination in handwriting examination names were found to have been written by the deceased himself before his death. During investigation, it was found that deceased had committed suicide because he was being mentally and physically tortured and harassed by the aforesaid persons. 5. Learned counsel for the appellants have submitted that the appellants have not committed any offence. They are innocent. They have been falsely implicated. No offence under Section 306 of IPC is made out. Investigation is on the verge of completion. Appellants have no criminal background. There is nothing on record to connect them with the commission of abetment or instigation as required under Section 107 of IPC. Therefore, it has been prayed that the appellants/accused be released on bail. 6. No offence under Section 306 of IPC is made out. Investigation is on the verge of completion. Appellants have no criminal background. There is nothing on record to connect them with the commission of abetment or instigation as required under Section 107 of IPC. Therefore, it has been prayed that the appellants/accused be released on bail. 6. O n the other hand, learned Government Advocate for the State has opposed grant of bail to the appellants. 7. Looking to the facts and circumstances of the case but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pretrial detention of the appellants/accused is not warranted. Consequently, appeal stands allowed. 8. It is directed that the appellants-Smt. Devkunwar and Lachhiram Ahirwar be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned trial Court for their appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 9. This order will remain operative subject to compliance of the following conditions by the appellants :- 1. The appellants will comply with all the terms and conditions of the bond executed by them; 2. The appellants will cooperate in the trial; 3 . The appellants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The appellants shall not commit an offence similar to the offence of which they are accused; 5. The appellants will not seek unnecessary adjournments during the trial. In case of bail jump and violation of any conditions this bail order, it shall become ineffective. 10. Accordingly, appeal is disposed of. C.C. as per rules.