BHOLARAM SEN Vs. STATE OF M.P. ANOTHER

JUDGEMENT

(1.) Matter is heard through Video Conferencing. The appellant has filed this appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 against the order dated 11.05.2020 passed by District Court Gwalior, whereby application of appellant preferred under Section 439 of Cr.P.C. has been rejected.

(2.) Appellant has been arrested on 09.05.2020 by Police Station University, District Gwalior in connection with Crime No.415/2019 registered in relation to the offences punishable under Sections 306 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) It is the submission of learned counsel for the appellant that on the basis of altercation occurred one month back, alleged suicide has been committed by the deceased. In fact, deceased tried to encroach upon the government land whereas appellant objected it, therefore, this incident took place. He committed suicide at Jan-sunvai before the District Collector. It is fairly submitted that appellant never had any interest to encroach the government land and he would not any try to encroach upon the said land in future. Suicide not also refers the incident one month prior to the date of commission of offence. Therefore, no custodial interrogation is required. Confinement since 09.05.2020 amounts to pretrial detention. He undertakes to cooperate in investigation/trial and would not be a source of embarrassment or harassment to the complainant party in any manner. He further undertakes to serve the national cause by making contribution in PM Care Fund and install Arogya Setu App. Under these grounds, prayer for bail has been made.