SELLA Vs. STATE REPRESENTED BY

JUDGEMENT

(1.) This Appeal is filed to set aside the order dated 11.05.2020 passed by the learned II Additional District Judge, Pondicherry in Cr. M.P. No.1 of 2020 in Special Sessions Case No.45 of 2019 on the file of the II Additional Sessions Judge at Pondicherry.

(2.) The case of the prosecution is that on 24.04.2019 at about 13.45 hours, an unlawful group has attacked the appellant's uncle with deadly weapons and brutally murdered his uncle. Further, it is alleged that the crime was stated to be committed due to community clash between the first accused and the deceased (who is a member of SC) and the appellant herein has been falsely implicated. Thereafter, the appellant moved the bail application before the learned II Additional Sessions Judge, Puducherry and the same was dismissed. Against which, he preferred a Criminal Appeal before this Court and by order dated 18.10.2019, he was enlarged on bail with certain conditions. Later, on completion of committal proceedings, the learned II Additional Sessions Judge, Puducherry in Special Session Case No.45 of 2019 has taken the case on cognizance and the appellant was regularly appearing before the Trial Court.

(3.) The learned counsel for the appellant would submit that the appellant (A7) is no way connected to this crime. The appellant was arrested by the respondent police by invoking provisions of SC and ST Act. The appellant could not able to appear before the trial for a day, due to his ill health and failed to file an application under Section 317 of Cr.P.C. at the time of trial through his counsel. He has been regularly appearing on all previous hearings before the trial Court. He further submits that apart from this case, no other case is pending against the appellant. Without considering the said aspect in a proper perspective, the trial Court dismissed the bail petition filed by the appellant. Hence, he filed this appeal before this Court.