IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL ON THE 9^th OF MAY, 2022 CRIMINAL APPEAL No. 4031 of 2022 Between:-

MOHAMMAD FARUK S/O SHRI FAKIR MOHAMMAD , AGED ABOUT 23 YEARS, OCCUPATION: AGRI. TALAIYA MOHALLA MURWAS TEH LATERI (MADHYA PRADESH)

.....APPELLANT (BY SHRI RAJMANI BANSAL-ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION P.S. MURWAS (MADHYA PRADESH)

2. VISHAL S/O LATE SHRI SANTRAM BALMIK , AGED ABOUT 23 YEARS, TALAIYA MOHALLA, P.S. MURWAS (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI BPS CHAUHAN-PUBLIC PROSECTOR )

This appeal coming on for admission this day, the court passed the following:

ORDER

Complainant served, but none appeared.

This second Criminal Appeal has been filed under Section 14- A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 7.1.2022 passed by Special Judge (Atrocities), Vidisha, whereby the application of the appellant under Section 439 of Cr.P.C. for grant of bail has been rejected.His first application was dismissed as withdrawn vide order dated 25.2.2022 in Cr.A. No.1119/2022.

Appellant is in custody since 19.03.2021 for the alleged offence registered at Crime No.61/2021 at Police Station Murwas District, Vidisha (M.P.) for the offence punishable under Sections 302, 34 of IPC and enhanced Section 120-B of IPC and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the SC &

ST Actâ€​).

In brief, the prosecution case is that on 18.03.2021, Vishal lodged a dehatinalshi marg intimation with Police Sub Inspector Pooja Rawat at C.H.C.Lateri, District Vidisha, at 3 PM. that his father Santram is having inimical relationship with Irphan Khan, Umar Khan and Rhijbhan due to complaint regarding land. Today at 1.30 P.M. he had gone to bus stand there he listened that his father in Kushwah Mohalla in front of Sardhar Singh's house a dispute is going on. On this information, he reached there. With an intention to kill his father, accused Rhijbhan driving tractor on his father and dashed him with blade of plough. Due to which, he got injury in his head. He got injuries in different parts of the body. Blood was oozing out.Accused Umar Khan, present applicant-accused Farukh another accused Irfan and Others with conspiracy by hitting his father by truck with an intention to kill him. On the spot, his uncle Vinod, brother Vikram, Rajendra Balmiki came over there. Thereafter, all accused persons by tractor and motorcycle ran away. Family members brought Santram to Govt Hospital, where, he was declared dead. On this information marg No.0021 under Section 174 of Cr.P.C. Thereafter marg No.15/21 was registered. Dead body panchnama was prepared. Dead body was sent for postmortem. As per postmortem report, he died due to injuries on skull within hours duration. On the basis of marg intimation, offence under Sections 302, 34, 3(2)(v) of S.C.S.T. Act bearing Crime No.61/21 was registered. Applicant-

accused was arrested and from his possession one ti-shirt was seized. From accused Irfan, a motorcycle was seized. Other co-accused were also arrested.

After investigation, charge sheet has been filed.

From the side of the appellant has submitted that dehatinalshi was lodged by the son of the deceased in which no overt act has been attributed against the present appellant/accused. He is in custody since 19.03.2022. It is further submitted that co-accused Irfan Khan has been granted the benefit of bail vide order dated 28.4.2022 in Cr.A. No.3085/2022 and the case of the appellant is on same footing. Hence, prayed for grant of bail.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case and the appellant is in custody since and charges have been framed before the trial Court and conclusion of the trial will take time, without commenting upon the merits of the case, the appl