PRAHLAD SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit.

(2.) Present appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter would be referred to as the Act) against the order dated 04.3.2020 passed by Special Judge (Atrocities Act) Shivpuri, whereby the application of the appellant under Section 438 of Cr.P.C seeking bail has been rejected. Appellant apprehends his arrest in connection with Crime No. 18 of 2020 registered at Police Station Sihore district Shivpuri for the offence punishable under Sections 302 , 147 , 148 and 149 of the IPC and 3 (2) (v) of the SC/ST Atrocities Act.

(3.) Learned counsel for the appellant submits that the appellant has not committed any offence. It is submitted that as per prosecution story the only allegation against the present appellant is that his licensed gun has been used for commission of offence and it is nowhere stated that the appellant has given his gun to the co-accused for commission of offence. It is argued that at most offence punishable under Arms Act is made out against the present appellant. It is submitted that he is ready to abide by all the terms and conditions that may be imposed by this court while considering his bail application. He has shown his willingness to contribute Rs. 15,000/- in PM cares fund in this covid-19 scenario. He has relied upon the order passed in the case Atendra Singh Rawat Vs. State of Madhya Pradesh passed in Criminal Appeal No.7295/18 vide order dated 11.10. 2018. Under these circumstances, counsel for the appellant prays for bail.