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RAJEEV KUMAR SHRIVASTAVA
Mahesh @ Halke S/o Laluram @ Lalu Pal – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Shrivastava, J. - Present criminal appeal filed u/S.14(a)(2) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989, assails the order dated 04.12.2021 passed by the Special Judge (atrocities), Datia (M.P.); whereby, the application preferred by appellant herein u/S.439 of Cr.P.C. has been rejected.
Appellant has been arrested on 03/07/2021 in connection with offences punishable u/S. 363, 365 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 and added Sections 11/13 of MPDVPK act, Section 25(1) (a), 30 of arms act and Sections 39/192(1), 146, 196, 3/181 of Motor Vehicles act, registered as Crime No.115/2021 by Police Station Pandokhar, District Datia (M.P.).
Learned counsel for the appellant- Mahesh @ Halke has submitted that the appellant has not committed any offence. He has falsely been implicated in this case. appellant is in custody since 03/07/2021. Co-accused has already been granted bail by this Court vide order dated 28.01.2022 passed in Cr.a. No.7936/2021. Trial will take its own time. The appellant is ready to abide by any condition which may be imposed by this Court.
The court may grant bail under the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989, considering the custody duration and potential trial delay, without commenting on the me....
The compromise between the parties and the acquittal from certain charges can be considered as changed circumstances warranting bail, and the court may impose specific conditions for the release of t....
The court's decision emphasized the grant of anticipatory bail and the appellant's cooperation in the trial, without commenting on the merits of the case.
Point of law :Grant of Bail - appellant has been falsely implicated in this case and the same has not been considered properly and the appellant is in custody
The court's decision was influenced by the consideration of the period of detention, the appellant's criminal history, and the likelihood of his absconding or tampering with the prosecution case in a....
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the nature of the offense and the likelihood of the appellant's cooperation in the investigati....
The court has the discretion to allow an appeal under Section 14-A(2) of SC/ ST Act and grant bail to the accused, considering the totality of the facts and circumstances of the case.
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