Madhya Pradesh High Court
Ajay Malviya vs The State Of Madhya Pradesh on 30 December, 2024
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2024:MPHC-IND:37040
1 CRA-14191-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 30th OF DECEMBER, 2024
CRIMINAL APPEAL No. 14191 of 2024
AJAY MALVIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sachin Parmar, counsel for the appellant.
Shri Virendra Khadav, counsel for the respondent/State.
ORDER
Heard.
2. This is first criminal appeal filed by the appellant under Section 14-A of
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act)
1989, for grant of regular bail. The appellant is being implicated in
connection with Crime No.72/2016, registered at Police Station-AJK
Chimanganjmandi, District-Ujjain (MP) for the offence punishable under
Sections 307/34, 327/34 & 294 of IPC and Section 3(2)(V) of SC/ST Act,
1989. The appellant is in custody since 15.10.2024.
3. The appellant was granted the benefit of bail by the trial court vide order
dated 18.06.2016. Thereafter he absented himself on 22.09.2017 due to
which arrest warrant was issued against him. He appeared before the trial
court on 13.02.2019 and was released on bail on 21.06.2019. Thereafter
again he absented himself on 16.11.2021 and has now been arrested on
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 03-01-
2025 14:11:06
NEUTRAL CITATION NO. 2024:MPHC-IND:37040
2 CRA-14191-2024
15.10.2024 and since then he is in custody.
4. Counsel for the appellant submits that the appellant was granted the
benefit of bail by the trial court itself on two occasions but he could not
appear due to unavoidable circumstances. He undertakes to appear before the
trial court on each and every date and that that there shall be no default on
his part in regard to appearance. It is also submitted that other co-accused
persons have already been acquitted by the trial court itself by judgment
dated 25.11.2021 passed in Special Case No.40/2016 by Special Judge,
SC/ST Act, 1989. On such grounds, prayer is made for grant of bail to the
appellant.
5. The aforesaid prayer has been opposed by counsel for the respondent/State
by submitting that due to non-cooperation on the part of appellant in the trial
court, trial has been stalled and he was absent on continuous occasion,
therefore he is not entitled for regular bail.
6. I have heard the counsel for the parties and have perused the case diary.
7. It appears that by judgment dated 25.11.2021 passed by the trial court,
the other co-accused persons have already been acquitted by the trial court in
the matter. The appellant though has absented himself on previous occasions
but now has undertaken to cooperate with the trial. Thus in my opinion, the
appellant deserves to be granted the benefit of regular bail.
8. It is directed that the appellant/accused be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand
only) with one solvent surety in the like amount to the satisfaction of the trial
court for securing his presence before the concerned Court on all the dates of
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 03-01-
2025 14:11:06
NEUTRAL CITATION NO. 2024:MPHC-IND:37040
3 CRA-14191-2024
hearing as fixed in this regard during trial. It is also directed that the
appellant shall comply with the provisions of Section 437(3) of Code of
Criminal Procedure, 1973.
9. This order shall be effective till the end of trial, however, in case of bail
jump, it shall become ineffective.
10. Accordingly, criminal appeal stands allowed and disposed of.
Certified copy, as per Rules.
(PRANAY VERMA)
V. JUDGE
Arun/-
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 03-01-
2025 14:11:06