Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 543

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Vishal Raghuvanshi – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Criminal Appeal No. 12671 of 2022
Decided On : 04-01-2023

Advocates Appeared:
Rishikesh Bohare, Advocate, Rajiv Upadhayay, Advocate
Final Result : Allowed

The main legal point established in the judgment is the consideration of the facts and circumstances of the case and the period of incarceration already undergone by the appellant in granting bail.

Headnote:
Bail - SC/ST Act - The court allowed the appeal for grant of bail to the appellant who had been arrested in connection with abetting the suicide of a member of the depressed class of society. The appellant was directed to be enlarged on bail upon furnishing a personal bond.
Fact of the Case:

The appellant had been arrested for abetting the suicide of a member of the depressed class of society, with allegations of stalking and threatening to defame the deceased. The victim was a girl and there was no suicide note left behind.
Finding of the Court:

The court found that considering the facts and circumstances of the case and the period of incarceration already undergone by the appellant, the appeal for grant of bail was allowed.
Issues: The issue involved the grant of bail to the appellant who had been arrested for abetting the suicide of a member of the depressed class of society.
Ratio Decidendi: The court considered the facts and circumstances of the case and the period of incarceration already undergone by the appellant in allowing the appeal for grant of bail.
Final Decision: The appeal was allowed, and it was directed that the appellant shall be enlarged on bail upon furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the learned trial court.

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 Vishal Raghuvanshi who has been arrested in connection with Crime No.414/2010 for the offences punishable under Sections 306, 34 IPC and Section 3 (2) (v) of the SC/ST Act registered at Police Station Aron, District Guna.

2. Notice under Section 15 of the SC/ST Act is being served on the complainant. The applicant has been arrested in the aforesaid case for having abetted the suicide of the deceased who was the member of depressed class of society. The victim is a girl. The allegation against the appellant and the co-accused is of stalking with deceased and threatening to defame her. There is no suicide note left behind by the deceased. It is only in the statements of mother, father and brother of the deceased the allegation has been made.

3. Looking to the facts and circumstances of the case period of incarceration has already been undergone by the appellant, the appeal is allowed. It is directed that the appellant herein 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.

Certified copy as per rules.

Click Here to Read the rest of this document