Prahlad vs The State Of Madhya Pradesh on 24 July, 2017

CRA-1152-2017
(PRAHLAD Vs THE STATE OF MADHYA PRADESH)

24-07-2017

Shri R.C. Gangare, learned counsel for the appellant.
Shri C.S. Ujjainia, learned counsel for the
respondent/State.

Case-diary is available. Arguments heard.
This criminal appeal is filed under Section 14(A)(2) of
SC ST (Prevention of Atrocities) Act and is directed
against the order passed by the learned Special Judge
dated 19.05.2017 in a matter relating to No.142/2017,
Police Station- AJK Khargone under Sections 354, 454,
323 of IPC Section 3(2)(5A), 3(1)(D) of SC/ST
(Prevention of Atrocities) Act whereby the learned
Special Judge dismissed an application filed by the
present applicant under Section 439 of Cr.P.C.
As per prosecution story, the complainant is a married
woman. She was in her matrimonial house when the
present appellant entered into the house and caught
hold of the prosecutrix and tried to drag her and
compel her to accompany him. When she refused, the
present appellant inflicted injuries by lathi. When
mother-in-law of the complainant came there, he also
inflicted injuries on her. In the dispute, the
complainant to save herself threw one brick on the
present appellant, due to which, he also sustained
injury.

Learned counsel for the appellant submits that he was
falsely implicated in this case.

Learned counsel for the State opposes the appeal on
the ground that there are many criminal cases against
the appellant including case under Section 354 IPC,
and therefore, bail may not be granted.
In response, learned counsel for the appellant submits
that in case bail is granted to the appellant, he
undertakes that appellant will not enter into territorial
limits of district Khargone.

Accordingly, after taking into consideration the
undertaking given by the counsel for the appellant,
which shall form condition of this bail order, this appeal
deserves to be allowed and hereby allowed. The
impugned order is set aside.

It is directed that the appellant shall be released on
bail on his furnishing a personal bond of Rs.50,000-/
(Rs. Fifty Thousand only) and one solvent surety of the
like amount to the satisfaction of the concerned
Magistrate for his appearance on all the dates of hearing
as may be directed in this regard during trial.
It is further directed that on being released on bail, he
will not enter into territorial limits of district Khargone
except for attending the court proceeding and when he
enters in territorial limits of district Khargone for attending
the hearing of the case, he would first mark his presence
before the concerning Police Station at 10:30 a.m. and then
proceed to the court and while coming back from the court,
he would again mark his presence before the concerning
police station and leave the district immediately thereafter.

After releasing the present applicant on bail, the trial
court shall send copy of this order with necessary
instructions to the concerning police station.

In case of breach of any condition of this bail order, this bail
shall be deemed to have been cancelled without recourse to
this Court.

He is further directed that on being so released on
bail, he would comply with the conditions enumerated
under section 437(3) Cr.P.C. meticulously.
Certified copy as per rules.

(ALOK VERMA)
JUDGE

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