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SUNITA YADAV
Balram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sunita Yadav, J. - This is the first criminal appeal under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (in short "SC/ST Act") assailing the order dated 14.3.2023 passed by Special Judge (SC/ST Act), Shivpuri (M.P.), whereby application preferred by the appellant under Section 439 of Cr.P.C. has been rejected.
2. The appellant has been arrested by Police Station AJK, District Guna in connection with Crime No. 267/2022 registered in relation to t h e offences punishable under Sections 294, 332, 353, 327, 427 of IPC and Sections 3(2)(v), 3(2)(va), 3(1)(da) and 3(1)(dha) of the SC/ST Act.
3. The allegation against the present appellant - accused is that he demanded money for consumption of liquor from the complainant, who is a Post-Master and was on duty, and upon his refusal, present applicant - accused inflicted injuries upon him.
4. Learned counsel for the appellant argued that the appellant is innocent and has falsely been implicated in this case. Injuries received by the complainant are simple in nature. Further argument is that the appellant is in custody since 14.2.2023. His custodial interrogation is not required anymore.
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's decision was based on the interpretation of Section 14-A(2) of the SC/ST Act, considering the totality of the facts and circumstances of the case.
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.
The court's decision was based on the interpretation of Section 14-A of the SC/ST Act in allowing the appeal and granting bail to the appellant.
The court has the discretion to allow bail under Section 14-A of the SC/ST Act based on the totality of the facts and circumstances of the case.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail based on the circumstances of the case.
The court considered the appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
The court granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
The decision to grant bail was based on the appellants' custody period, lack of previous similar or serious offences, and objections raised to granting bail.
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....
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