Supreme Court Grants Interim Bail To Former SP MLA Kishore Samrite Who Was Sentenced To 5 Yrs Imprisonment For Attacking SDM, Burning His Vehicle

The Supreme Court yesterday granted interim bail to former Samajwadi Party MLA Kishore Samrite, who was convicted and sentenced to 5 yrs' imprisonment for attacking a Sub-Divisional Magistrate and setting fire to his vehicle.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order in Samrite's appeal against a Madhya Pradesh High Court judgment, which partly modified the order of conviction and sentence imposed by the Special Court.

"Having heard learned counsel for the petitioners as well as learned State counsel and taking into consideration all the facts and circumstances, the petitioners are directed to be released on interim bail subject to their furnishing bail bonds to the satisfaction of the Trial Court", stated the top Court order.

The main petition has been listed for hearing on December 10.

Briefly stated, the matter pertains to an April 2004 incident when an unlawful assembly broke the furniture in the office of SDM, Lanji and set the vehicle of the said SDM on fire. In connection with the same, the SDM made a complaint and a case was registered against Samrite and 6 other persons.

In 2009, Samrite and others were convicted and sentenced to imprisonment under Sections 332/149, 427/149, 435/149 and 147 of IPC as well as Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989. Challenging this decision, the convicted individuals (including Samrite) approached the Madhya Pradesh High Court.

Samrite sought stay of his conviction, however, the plea was dismissed by the High Court. Be that as it may, the ex-MLA's sentence was suspended and he was released on bail.

Ultimately, vide the impugned order, the High Court upheld the conviction and sentence of the accused under provisions of the IPC, although, the conviction under the SC/ST Act was set aside. They were directed to surrender before the Special Court.

Grounds raised by Samrite

In his challenge to the conviction and sentence, Samrite has raised inter-alia the following grounds:

- The High Court failed to consider that he was wrongly framed in the case by his political rivals, since he was the State Vice President of the Samajwadi Party at the time of the incident and was a candidate in the Lok Sabha Elections;

- The High Court ought to have considered that Section 149 (r/w Section 141) of IPC could not be mechanically applied without any evidence of the assembly being unlawful or lack of knowledge of the unlawful object of the assembly;

- The High Court failed to consider whether an offence under Section 435 of IPC [Mischief by fire or explosive substance with intent to cause damage of Rs.100 or (in case of agricultural produce) Rs. 10] is made out sans any forensic evidence of presence of explosive substance or recovery thereof;

- The High Court ought to have considered the testimonies of the defense witnesses, who stated that he was not present at the place of occurrence of the alleged offence;

- The High Court ought to have considered that only being part of an unlawful assembly does not implicate an accused person under Sections 332/149, 427/149 or 435/149 of the IPC.

Case Title: KISHORE SAMRITE Versus STATE OF MADHYA PRADESH, SLP(Crl) No. 9251/2024