DINESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary /challan papers.

(2.) This is the first criminal appeal filed under Sec. 14-A (2) of SC/ST (Prevention of Atrocities) Act, 1989 against order dtd. 27/5/2022 passed by the Special Judge (SC/ST Act), Dewas whereby the learned Judge has rejected the bail application filed by the appellants under Sec. 167(2) of Cr.P.C. in Crime No.166/2018 registered at Police Station Bagli, District Dewas for the offence under Ss. 302, 307, 323, 294, 147, 148, 149 of IPC and Sec. 3(2)5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants are in jail since 21/2/2022. Their application under Sec. 167(2) of Cr.P.C. has been rejected on the ground that the appellants were earlier absconding as the date of incident is 25/4/2018, and the date of FIR is 26/4/2018, whereas the appellants were arrested only on 21/2/2022 and. the charge-sheet has been filed on 13/6/2022 only.

(3.) In brief, the facts of the case are that on 26/4/2018, a Dehati Nalisi was lodged by the complainant Shamu Bai, W/o Ambaram regarding the murder of her husband Ambaram on 25/4/2018, at around 7.30 p.m. In the Dehati Nalisi, five persons were named including the present applicants Mahesh and Dinesh. As per the prosecution, coaccused Anil, Mithun and Naniya were arrested on 20/8/2018, against them, the charge-sheet was filed on 31/8/2018 whereas, as the appellants Mahesh and Dinesh were absconding, the case was kept open against them under Sec. 173(8) of Cr.P.C., and subsequently, the present appellants were also arrested on 21/2/2022. The application on their behalf for default bail under Sec. 167 (2) Cr.P.C. was filed on 27/5/2022, as the 90 days expired on 21/5/2022 whereas,. the charge-sheet has been filed on 13/6/2022 only. The aforesaid application was dismissed by the learned Judge of the Trial Court while relying upon a decision rendered by the Bombay High Court in the case of Anil Somdatta Nagpal and one another Vs State of Maharashtra reported as 2005 SCC Online Bom 1428 wherein, it is held that plea under Sec. 167 (2) Cr.P.C. cannot be invoked in respect of accused persons who have absconded earlier and they cannot be allowed to take advantage of their own wrong.