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G. S. AHLUWALIA
Shiva Kushwah – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. 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').
Case diary is available.
This seventh criminal appeal has been filed under Section 14-a (2) of the act against the order dated 3.5.2021 passed by Special Judge (atrocities act) Gwalior, rejecting the bail application. The sixth criminal appeal was dismissed as withdrawn by order dated 24.11.2021 passed in CRa No.6729/2021.
The appellant has been arrested on 12.4.2021 in connection with Crime No.90/2021 registered by Police Station Girwai, District Gwalior for offence punishable under Sections 323, 294, 324, 427, 506, 147, 149, 307, 34 of IPC and under Sections 3(1)(r)(s) and 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act.
It is submitted by the counsel for the appellant that although the previous criminal appeals of the appellant have already been dismissed on merits but he is in jail from 12.4.2021 i.e. more than eight months. The allegations are that the appellant hit the injured
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....
At the stage of bail, the court cannot appreciate the evidence led before the Trial Court, and previous dismissals of criminal appeals on merits may impact the consideration of a current appeal.
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 considered the length of time the appellant had been in custody and the expected duration of the trial in granting bail.
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
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 considered the lack of support from injured witnesses and the first offender status of the appellants in granting bail under the Scheduled Castes and Scheduled Tribes (Prevention of atrocit....
Point of Law : Criminal Law – Detenue – Dismissal of bail applications - 1st petitioner is in judicial custody for the last 28 days and other petitioners are under detention for nearly 66 days - Inve....
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