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2023 Supreme(MP) 676

SUBODH ABHYANKAR
Salim Khan – Appellant
Versus
State of Madhya Pradesh Station House Officer – Respondent


Advocates Appeared:
Shri Makbool Ahmad Mansoori, Learned Counsel, for the Appellant; Ms. Harshlata Soni, Panel Lawyer Appearing on behalf of Advocate General and Shri Khiladi Lal Gangore, Learned Counsel, for the Respondent.

ORDER

Subodh Abhyankar, J. - Appellant has preferred this appeal under Section 14-A (2) of the SC/ST (PA) Act, 1989, feeling aggrieved by the order dated 01/04/2023, rendered by Special Judge (SC/ST), Shajapur, in SC ATR No.47/2023, whereby the prayer for bail has been rejected.

2. Appellant is arrested in connection with crime No.414/2022, registered at Police Station-Susner, Shajapur, (MP), in connection with offence punishable under Sections 307, 325, 294, 506, 34 and 302 of IPC, Sections 3(1)(r), 3(1)(s),3(2)(V-a) and 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC& ST Act). The appellant is in custody since 18.12.2022.

3. A preliminary objection has been raised by the counsel appearing for the respondent No.2, submitting that the second Criminal appeal against the same order passed by the trial court is not maintainable, as the appellant had already preferred the earlier Criminal Appeal No. 5712/2023, which was also filed against the same order dated 01.04.2023 rejecting the bail of the appellant by the trial court.

4. In rebuttal, Shri Maqbool Ahmed Mansoori, counsel for the appellant has drawn attention of

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