CHOTE LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally at the motion stage. 1. The appellants have filed this criminal appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act'').

(2.) The short facts of the case are that the appellants and other co- accused persons are facing trial in Special Case No. 17/12 before the Special Judge (Atrocities) Betul for the offences punishable under Sections 294, 323 and 506 of the IPC and 3(1) (x) of the Act. As per the impugned order dated 15.05.2017, the appellants did not mark their presence before the trial court on 10.03.2016. As a result, their bail-bond stood cancelled. Their application under Section 70 (2) r/w 439 Cr.P.C. was also dismissed. Hence this appeal.

(3.) The learned counsel for the appellants submits that the appellants are in jail since 15.05.2017. He submits that on account of bereavement in the family of the appellants, they could not mark the presence before the trial court on 10.03.2016. Thus, their non-appearance before the trial court was bonafide.