By IANS,
New Delhi : A Delhi court allowed bail to an accused after observing that the complainant, Jai Kishan, MLA of Sultanpuri, is a habitual offender and involved in nine criminal cases.
Granting bail to accused Om Prakash, Additional Sessions Judge Kamini Lau said: ?No doubt, the allegations made against the accused if proved are serious but misuse and abuse of the special legislation by Jai Kishan is correct.?
Complainant Jai Kishan had alleged that Om Prakash had caused injury and insulted him. He alleged the accused committed the offence which was punishable for acts done with intent to cause injury, insult or annoyance to any member of Scheduled Caste, or Scheduled Tribe.
Jai Kishan falls under category of Scheduled Caste/Scheduled Tribe.
ASJ Lau said that it is a serious matter. The complainant, a democratically elected representative of people is “misusing and abusing the provisions of the Special Enactment to score a point over his political rivals”.
The court observation came after the defence counsel told court that Jai Kishan is a habitual litigant who often abuses and misuses provisions of the SC/ST (Prevention of Atrocities) Act, 1989 for his personal benefit.
The court observed a copy of one FIR filed in an earlier case placed before it by the defence counsel. The allegation made in the document were virtually identical to the ones made in the present case.
?I have also gone through the complaint and the contents of the present FIR. I have perused the complainant Jai Kishan reflecting abrasion over right elbow and right knee and bruise over right thigh,? ASJ said.
ASJ added that the Investigating Officer had failed to get the opinion of the doctor on the complainant’s injury.
?Without going into the merits of the allegations involved or expressing any opinion on the aforesaid and also keeping in view the age of the accused, he is granted bail,? ASJ said.
The court allowed bail to 54-year-old Om Prakash on furnishing personal bond to the tune of Rs.10,000 with one local surety of the like amount.
The accused Om Prakash was facing the case for causing insult or annoyance to a member of a Scheduled Caste, or a Scheduled Tribe.