RAMKISHORE ATHYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary perused and arguments heard. This criminal appeal has been filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 against the order dated 17/1/2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, on B.A. No. 3/2018 whereby learned Special Judge rejected the bail application filed by appellant Ramkishore Athya, under Section 439 of the Cr.P.C. to get bail in Crime No.563/2008 registered at P.S. Kotwali, Distt. Raisen (M.P.) for the offences punishable under Sections 147 , 148 , 149 , 294 , 506 , 307 and 302 of IPC and also Section 25 / 27 of the Arms Act, Section 3(2)(5) of ST/SC (Prevention of Atrocities) Act.

(2.) In total, this is third appeal filed by the appellant and earlier appeal filed by the appellant was dismissed on merits vide order dated 24/9/2018 passed in Cr.A.no.1202/2018 and the second appeal of the appellant was dismissed for want of prosecution vide order dated 14/8/2019 passed in Cr.A.No.3997/2019.

(3.) A s per prosecution case, on 22/12/2008 when deceased Girish Sonkiya, the then Sarpanch of village Sahjadpura was returning from Bhopal to Pathriya Batiyagarh along with an ex-MLA Smt. Sonabai, Bablu, Kamal Dubey and complainant Jittu by Alto car bearing registration no.MP20CA2984 on the way at about 10 PM, when car reached near Mana Dhaba, one TATA Safari jeep bearing registration no. MP34C1111 came and stopped the car by dashing it. Appellant Ramkishore, co-accused Vinay Dubey, Bablu, Ajay Nayak, Monu Parashar, Ramdas @ Jhagdu, Sandeep Dubey, Bhuppa @ Bhupendra and Paras Jain armed with country made pistol and Sanjay armed with Baka came out from the Safari and made a murderous assault on the person sitting in the car by firing at them by country made pistols. Bablu and Girish sustained gunshot injuries and Sonabai also sustained injuries. Girish died on the spot due to gunshot injuries sustained by him in the incident. On the report of complainant Jittu, police registered Crime no.563/2008 at P.S. Kotwali, Distt. Raisen (M.P.) for the offences punishable under Sections 147 , 148 , 149 , 294 , 506 , 307 and 302 of IPC and also Section 25 / 27 of the Arms Act, Section 3(2)(5) of ST/SC (Prevention of Atrocities) Act and investigated the matter. During investigation, on 14/11/2017 police arrested the appellant. On that, the appellant filed an application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 17/01/2018. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.