Back
2022 Supreme(MP) 1103
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Rakesh Jakhodiya – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Criminal Appeal No. 11874 of 2022
Decided On : 16-12-2022
Important Points
Subject
Criminal Law - Bail Application under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
Act Referred
INDIAN PENAL CODE : S.147, S.302
SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : S.14(a)(2), S.15(a), S.3(2)(va)
Headnote
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Bail Application - Summary: The court dismissed the bail application filed under Section 14-A(2) of the Act, stating that at the stage of bail, the court cannot appreciate the evidence led before the Trial Court. The previous criminal appeals of the appellant had already been dismissed on merits, and no case was made out for taking a contrary view in the matter.
Fact of the Case:
The appellant filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the rejection of the bail application by the Special Judge (Atrocities) Gwalior.
Finding of the Court:
The court found that at the stage of bail, it cannot appreciate the evidence led before the Trial Court. The previous criminal appeals of the appellant had already been dismissed on merits, and no case was made out for taking a contrary view in the matter. Therefore, the appeal was dismissed.
Issues: The main issue was the consideration of the bail application under Section 14-A(2) of the Act, and whether the appellant's previous criminal appeals being dismissed on merits had any bearing on the current appeal.
Ratio Decidendi: The court's decision was influenced by the provision of Section 14-A(2) of the Act, which governs the filing of criminal appeals for grant of bail. The court also considered the principle that at the stage of bail, the evidence led before the Trial Court cannot be appreciated.
Final Decision: The appeal was dismissed, and the bail application under Section 14-A(2) of the Act was rejected.
Sushil Goswami, Advocate, Kalpana Parmar, Advocate
Final Result : Dismissed
JUDGMENT
Gurpal Singh Ahluwalia, J. - It is submitted by the counsel for the State that the complainant has been informed about the pendency of this appeal as required under Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'Act').
2. Case diary is available.
3. This fourth criminal appeal has been filed under Section 14-A(2) of the Act against the order dated 25.05.2021 passed by Special Judge (Atrocities) Gwalior, rejecting the bail application.
4. The third criminal appeal for grant of bail was dismissed as withdrawn by order dated 07.01.2022 passed in Cr.A. No.7803/2022.
5. The appellant has been arrested on 01/04/2021 in connection with Crime No.219/2021 registered by Police Station Thatipur, District Gwalior for offence punishable under Sections 302, 147, later added 307, 120B of IPC, Sections 3(2)(va) of the Act and Section 25/27 of Arms Act.
6. Previous criminal appeals of the appellant have already been dismissed on merits.
7. The recording of evidence is going on. At the stage of bail, this Court cannot appreciate the evidence led before the Trial Court.
8. Accordingly, no case is made out for taking a contrary view in the matter.
9. The appeal fails and is hereby dismissed.
