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2018 Supreme(MP) 962
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Anand Pathak, J.
Atendra Singh Rawat - Appellant
Versus
State of M.P. – Respondent
Cri. Appeal No. 7295 of 2018
Decided On : 11-10-2018
For the Appellant : Atul Gupta
For the Respondent: Prakhar Dhengula and G. S. Chauhan, Public Prosecutor, V.K. Saxena, Senior Counsel as amicus curiae assisted by S. K. Shrivastava
The recent Amendment Act, 2018 did not curtail the power of judicial review and the right to grant bail under section 438 of the Criminal Procedure Code in cases under the Atrocities Act.
Headnote:
Atrocities Act - Anticipatory Bail - 1989 - [FACT OF THE CASE] The appellant, a government servant, sought anticipatory bail under section 438 of the Criminal Procedure Code in connection with a case under section 354-A of the Indian Penal Code and section 3(1)(w)(i) of the Atrocities Act. The complainant alleged that the appellant sought sexual favor in exchange for releasing her payment. The appellant argued that he was transferred to a different place at the time of the alleged incident and that the delay in filing the FIR indicated false implication. [FINDING OF THE COURT] The court found that the appellant was relieved from his position before the alleged incident and that the delayed FIR raised doubts about the accusation. The court also noted that the recent Amendment Act, 2018 did not curtail the power of judicial review and the right to grant bail under section 438 of the Criminal Procedure Code. [ISSUES] The court considered the delay in filing the FIR, the applicability of the recent Amendment Act, 2018, and the scope of section 438 of the Criminal Procedure Code in cases under the Atrocities Act. [RATIO DECIDENDI] The court held that the recent Amendment Act, 2018 did not restrict the procedure provided under the Criminal Procedure Code and that the power of the investigating officer to arrest without approval was still subject to the requirements of the Code. The court emphasized the importance of reconciling different provisions of the law to further the cause of justice. [FINAL DECISION] The court allowed the appeal and directed that the appellant shall be released on bail upon arrest, subject to certain conditions.
JUDGMENT :
Shri Atul Gupta, learned counsel for the appellant.
Shri Prakhar Dhengula and Shri G. S. Chauhan, learned Public Prosecutor for respondent No. 1/State.
Shri V. K. Sexena, learned senior counsel as amicus curiae assisted by Shri S. K. Shrivastava, Advocate.
2. With consent heard finally.
3. Present appeal has been filed under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity ‘the Atrocities Act’) against the order dated 19-9-2018 passed by Special Judge (Atrocities), Shivpuri whereby the application of the appellant under section 438 of Criminal Procedure Code seeking anticipatory bail has been rejected in connection with Crime No. 224/2018 registered at Police Station Karera District Shivpuri for the offence under section 354-A of Indian Penal Code and under section 3(1)(w)(i) of the Atrocities Act.
4. As per prosecution case, on 19-5-2018 complainant lodged the report at Police Station Karera District Shivpuri against the appellant with the allegations that she is working as Asha Worker in the Health Department where the appellant is working as Eyes Technician/Eyes Assistant and since complainant did not receive her incentive/remuneration for a considerable period of time, therefore, she went to appellant for release of payment, on which appellant sought sexual favour from her for release of payment. Police registered the complaint under section 354-A of Indian Penal Code and under section 3(1)(w)(i) of the Atrocities Act and matter was taken into investigation, therefore, the appellant is apprehending his arrest which may bring social disrepute to him, therefore, appeal has been preferred after rejection of the same before the Special Court.
5. As per the submission advanced by learned counsel for the appellant, the appellant is working as Eyes’ Assistant in the Community Health Center, Karera and on 10-7-2017 vide Annexure P/4 was transferred from Shivpuri to the office of Chief Medical and Health Officer, Sagar and in pursuance thereof he got relieved on 17-7-2017 for which counsel for the appellant referred the letter dated 21-12-2017 (through registered AD) addressed by his wife to the Superintendent of Police, Gwalior making complaint with certain allegations in respect of some senior officers of the department.
6. It is further submitted that Asha Workers under the scheme dated 17-4-2015 vide Annexure P/2 are given incentives on the work done by them and no regular monthly payment is made to them. Therefore, no question of release of monthly salary exists; that too at the instance of appellant who has no authority to release the amount specially in the circumstance when he himself transferred to a different place and relieved at the relevant point of time when complaint was made.
7. One more fact was specifically addressed by counsel for the appellant that FIR is dated 19-5-2018 and the date of incident is 1-8-2017 meaning thereby after ten months of alleged incident, complaint has been made. Delay in filing of FIR establishes the fact that appellant has been ostracized through false implication. Appellant has been unnecessarily harassed for no substantive ground. He is a Government Servant and has no chance to flee from justice. His service conditions would be adversely affected and bring social disrepute to him, if he is arrested on such false pretext. He undertakes to cooperate in the investigation. Complainant has already received her incentives as per her entitlement (as per document attached with the appeal) and lodged the false complaint against him. Appellant prayed for release on bail.
8. Learned Public Prosecutor for respondent No. 1/State opposed the prayer and submitted that the investigation is going on and any order as sought by the appellant would hamper the investigation. He referred section 18 and amendment notified in the Gazette Notification dated 17-8-2018 by way of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
