Sohan And Another vs State Of M.P

Vivek Rusia, J

Appellants have preferred this appeal (second) under Section 14-A(2) of the SC/ST (PA) Act, 1989, feeling aggrieved with the order dated

23.09.2020 rendered by Special Judge Dewas, District Ujjain, in crime No.441/2020 whereby the prayer for regular bail has been declined.

Appellant have been arrested on 07.09.2020 in connection with crime No.441/2020 registered at Police-Station Tarana (AJK), District Ujjain in

relation to offence punishable under Sections 327, 323, 294, 506/34 of IPC and 3(1) (r), 3(2)(V-a) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) 1989.

First appeal of the appellants was dismissed as withdrawn vide order dated 01.12.2020.

Counsel for the appellants submits that now, the complainant Vikram S/o Ramnarayan has been examined as PW-1 and in his court statements, he

has not supported the case of the prosecution. He has specifically stated that the appellants have not insulted him in pubic by naming his cast. The

copy of the statement has filed alongwith this appeal. He further submits that Balram PW-2 has also not supported the case of the prosecution and

has denied about the injuries also.

Learned counsel for the appellants further submits that a compromise has also been filed under Section 320 of Cr.P.C. Before this Court, however,

the same is liable to be decided by the trial Court.

Learned Public Prosecutor for the State submits that no sufficient ground is made out for releasing the appellants on bail, hence the appeal filed by the

appellants be dismissed.

Looking to the statements of PW-1 and PW-2, present appeal is allowed and consequently, setting aside the impugned order. It is directed that the

appellants shall be released on bail on execution of personal bond in the sum of Rs.30,000 (Rupees Thirty thousand only) with separate solvent surety

in the like amount to the satisfaction of the learned trial Court for their 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.