BHAWAR SINGH KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed under Section 14- A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "the Act") being aggrieved by the order dated 11.12.2018 passed by the Special Judge (Atrocities), Datia, rejecting the interim bail application. The appellant has been arrested on 03.10.2017 in connection with Crime No.360/2017 registered by Police Station - Kotwali District Datia for the offence punishable under Sections 302, 307, 147, 148, 149 of IPC and Sections 3(2)(v) of the Act.

(2.) This appeal for grant of interim bail has been filed on the ground that wife of the appellant is seriously ill and she has been advised to undergo the operation and the real brother of the appellant has already been murdered and the appellant has three minor children and old and infirm parents. It is submitted by the counsel for the appellant that there is no male member in the family of the appellant to look after the wife of the appellant, thus, it is prayed that the appellant may be granted interim bail for a period of one month so that he can get his wife treated. SHO Police Station Kotwali District Datia has submitted a report dated 07.01.2019, in which it is mentioned that the younger brother of the appellant was already murdered. The appellant has three minor children and has old and infirm parents who are handicapped. Wife of the appellant has been advised to undergo operation by the doctors. There is no reason to disbelieve the report submitted by the SHO Kotwali District Datia.

(3.) Considering the fact that there is no male member in the family of the appellant, who can accompany his wife for treatment, without commenting on the merits of the case and in view of the submission made by the counsel for the appellant that the appellant in order to show his bona fide is ready to furnish cash surety, the appeal for grant of interim bail for a period of one month is allowed.