High CourtsSingle Bench(2021) 09 MP CK 0013

Balraj Alias Balli vs State Of M.P. And Anr

Madhya Pradesh High Court · Decided on 3 September 2021

HON’BLE JUDGES
G.S. Ahluwalia, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 5142 Of 2021

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Judgment

9 paragraphs · 316 words

G.S. Ahluwalia, J

It is submitted by the counsel for the State that the complainant has been informed about the pendency of this appeal as required under Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "Act").

This first criminal appeal under Section 14-A (2) of the Act has been filed for grant of bail.

The appellant has been arrested in connection with Crime No.164/2017 registered by Police Station Purani Chawani Distt. Gwalior for offence punishable under Sections 147, 148, 323, 294, 506, 325 of IPC and under Section 3 (1) (r), 3 (1) (s) and 3 (2) (V) (a) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), Act, 1989.

It is submitted by the Counsel for the appellant that by order dated 11.10.2017 passed in Cr.A. No. 1291/2017, the appellant was granted bail, however, by order dated 28.6.2021 passed in M.Cr.C. No. 9793/2021, the bail granted to the appellant was canceled on the ground that he has misused his liberty by committing further offences after his release. The aforementioned order was upheld by the Supreme Court by order dated 22.7.2021 passed in SLP (Cri) No.4974/2021 and thereafter on 12.8.2021, the appellant has surrendered himself. It is submitted by the Counsel for the appellant that since the trial is pending from the year 2017, therefore, the trial Court can be directed to expedite the hearing.

The appellant has not filed the copies of the order-sheets of the trial Court to show that he had cooperated in the trial after his release on bail by order dated 11.10.2017 and did not ever prayed for adjournment.

Be that whatever it may be.

The bail granted to the appellant was canceled on the ground of misused of liberty. Under these circumstances, until and unless there is change in circumstance substantially, he cannot be released on bail.

Accordingly, the appeal is dismissed.