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2023 Supreme(MP) 508
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Rajkumar Rohira – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Criminal Appeal No. 12693 of 2022
Decided On : 04-01-2023
Important Points
Subject
Criminal Law - Bail under SC/ST Act
Act Referred
SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : S.14(a)(2), S.3(1)(d), S.3(1)(dha), S.3(1)(w)(ii), S.3(2)(v), S.3(2)(va)
Headnote
Bail - SC/ST Act - The court granted bail to the appellant based on the principle of parity with the co-accused who had been granted bail earlier.
Fact of the Case:
The appellant filed an appeal for bail under the SC/ST Act for offences under IPC and SC/ST Act.
Finding of the Court:
The court allowed the application for bail based on the principle of parity with the co-accused who had been granted bail earlier.
Issues: Grant of bail under the SC/ST Act for offences under IPC and SC/ST Act.
Ratio Decidendi: The principle of parity with a co-accused who had been granted bail earlier influenced the court's decision to grant bail to the appellant.
Final Decision: The appellant was granted bail upon furnishing a personal bond and surety to the satisfaction of the trial court.
Abdhesh Singh Tomar, Advocate, Avnees Singh, Advocate
Final Result : Allowed
JUDGMENT
Atul Sreedharan, J. - This appeal under Section 14-A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the SC/ST Act") has been filed for grant of bail to appellant - Rajkumar Rohira, who has been arrested in connection with Crime No.524/2022 for the offences punishable under Sections 376, 294 of IPC and Sections 3(1)(d), 3(1)(dha), 3(1)(w)(ii), 3(2)(v), 3(2)(va) of the SC/ST Act registered at Police Station Madhoganj, District Gwalior.
2. At the very outset, learned counsel for the appellant has placed before this Court the order dated 02/01/2023 passed in Criminal Appeal No.11821/2022, by which the co-accused Darshanlal Rohira was granted the benefit of bail by this Court.
3. The case of the appellant being identical, on the ground of parity, the present application is allowed. It is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court.
C.C. As per rules.
