NIRBHAY BHAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal under Section 14-A of SC/ST Act has been filed for grant of bail to the appellant, who has been arrested in connection with Crime No.254/2017 for offence punishable under Sections 302, 34 of the Indian Penal Code and Sections 3(2)(V) of the SC/ST (Prevention of Atrocities) Act 1989 registered at Police Station-Barela, District-Jabalpur (M.P.).

(2.) The appellant is in judicial custody since 20.6.2017 in the aforementioned case. This is a second application for bail in the form of a criminal appeal. The first one was dismissed as withdrawn with liberty to file afresh after the cross-examination of P.W.1 is over vide order dated 6.8.2019 passed in Criminal Appeal No.831/2019. Thereafter, the learned counsel for the objector/respondent no.2 while opposing the application for grant of bail has stated that P.W.1 has been examined and so have other witnesses and they have supported the case of the prosecution.

(3.) The learned counsel for the objector and the State have also submitted that this is not a case of sudden and grave provocation and that the appellant after the arguments with the deceased, went to his house and a got a knife and then stabbed the deceased once on his abdomen which resulted in his death.