IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 06^th OF MAY, 2022 CRIMINAL APPEAL No. 3949 of 2022 Between:-

AJHAR S/O EJAAZ KHAN, AGED: 28 YEARS, OCCUPATION : LABOURER, R/O: HOUSE NO.1196, NEAR CHINTAMAN MANDIR, PIPALRAWAN, DISTRICT-

DEWAS (MADHYA PRADESH)

....APPELLANT (BY SHRI ASHISH GUPTA, ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION PIPALRAWAN, DISTRICT-DEWAS (MADHYA PRADESH) 2.SANTOSH S/O UMRAOSINGH, CASTE:-CHAMAR, R/O PIPALRAWAN, DISTRICT-DEWAS (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AMIT SINGH SISODIA, GOVT. ADVOCATE )

…........................................................................................................................

This Criminal Appeal coming on for orders this day, the court passed the following:

ORDER

They are heard and perused the case diary.

Appellant has preferred this second appeal under Section 14-

A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, for grant of bail as he is implicated in connection with crime No.172/2019, registered at Police Station-Pipalrawan, District-Dewas for offence punishable under Sections 147, 148, 323, 307/149, 302/149, 294, 506 of the IPC and Sections 3(2)(v), 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act, 1989. The appellant is in jail since

08.6.2019.

Appellant's earlier appeal bearing Criminal Appeal No.5632/2021 was dismissed by this Court on merits vide order dated 28.9.2021.

Counsel for the appellant has submitted that the other identically placed co-accused persons have already been released on bail by this Court and even after a criminal appeal for bail was disposed of, by this Court directing the co-accused Beerbal Khan to file appropriate application for bail before the trial court and the trial court vide its order dated 17.9.2021 has already granted bail to co-accused Shakir, who is also identically placed accused person with the present appellant. It is further submitted the charge sheet has already been filed and the appellant is in jail since 8.6.2019 and the final conclusion of the trial is likely to take sufficiently long time. Thus, it is submitted that the appeal be allowed.

Learned counsel for the respondent/State has opposed the prayer. However, it is not denied that the other identically placed co-accused persons have already been granted bail by this Court as well as the trial court including the co-accused Sheifuddin s/o Jaakir Ali against whom the allegations are of assault with an iron rod on 11.4.2022.

Having considered the rival submissions and on perusal of the record, it is found that although this Court has dismissed the appellant's first appeal bearing Criminal Appeal 5632/2021 on merits on 28.9.2021 however, considering the fact that the other co- accused persons have already been released on bail either by this Court or by the trial court, no purpose would be served to keep the appellant in jail and taking note of the fact that all the material witnesses have been examined in the trial court and final conclusion of the trial is likely to take long time, this Court finds force with the contention raised by the counsel for the appellant. Accordingly, by setting aside the impugned order of the trial Court, the appeal is hereby allowed.

It is directed that the appellant shall be released on bail on execution of 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 for his regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.

(Subodh Abhyankar)

moni Judge Digitally signed by MONI RAJU Date: 2022.05.06 17:48:46 +05'30'