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2022 DIGILAW 1518 (MP)

Saddam v. State of Madhya Pradesh

2022-12-14

ANIL VERMA

body2022
JUDGMENT Anil Verma, J. - Appellant has filed this Criminal Appeal under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act. He is in jail since 10.7.2022 in connection with Crime No.478/2022 registered at P.S. - Tejaji Nagar, Indore (M.P.) for commission of offence punishable under Section 307, 326, 342, 386, 323, 294, 506 & 34 of IPC and Section 3(2)(v), 3(2)(va), 3(1)(rs) of the SC/ST Act. 2. As per the prosecution story, complainant Pankaj lodged an FIR at Police Station Tejaji Nagar, Indore by stating that on 09/07/2022 co-accused Najim told him to come with him as he wants to purchase a goat. Then complainant along co-accused Najim and Aadil went to the house of present appellant Saddman. Thereafter, co-accused Najim and Aadil along with two other persons locked him in a room and started assaulting him. They have snatched his mobile phone as well as his Paytm account details. Thereafter, co-accused Najim told the complainant that he has obtained Rs.50,000/- from the son of Jishan and has purchased a Laptop from the said amount. When the complainant denied the same, accused persons abused him filthy language and brutally beaten him. Due to which he sustained various injuries in the whole body. Accused persons have also poured petrol in his anus and threatened him for life. Accordingly, offence has been registered against the appellant and other co-accused persons. 3. Learned counsel for the appellant contended that appellant is innocent and he has been falsely implicated in this matter. He is in custody since 10.7.2022. Investigation is over and charge sheet has been filed. There is no seizure of any video. Only a plastic pipe has been seized from the possession of the present appellant. Victim did not sustain any injury over his anus. Co-accused Amjad has been enlarged on bail vide order dated 18.11.2022 passed in Criminal Appeal No.8624/2022 in the similar circumstances. One more co-accused Salman has been enlarged on bail vide order dated 6.12.2022 passed in Criminal Appeal No.11325/2022. Appellant is a permanent resident of District in order to ascertain that actually who has assaulted to the victim. Hence, he prays that appellant be released on bail. 4. Per-contra, learned GA for respondent/State opposes the appeal and prays for its rejection by submitting that two criminal antecedents have been found against the present appellant. 5. Appellant is a permanent resident of District in order to ascertain that actually who has assaulted to the victim. Hence, he prays that appellant be released on bail. 4. Per-contra, learned GA for respondent/State opposes the appeal and prays for its rejection by submitting that two criminal antecedents have been found against the present appellant. 5. Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that appellant is in custody since 10.7.2022, investigation is over and charge sheet has been filed, victim Pankaj did not sustain any injury over his anus/rectum, he also did not sustain any bony injury, no TI parade has been conducted by the police during the investigation regarding the identification of the appellant and co-accused Amjad and Salman have also been enlarged on bail by the order of this Court in the similar circumstances, therefore, I deem it proper to release the appellant on bail. 6. Accordingly, without commenting on the merits of the case, this Criminal Appeal is allowed and it is directed that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C. C.C. as per rules.