top of page
Judge Gavel
Search
Writer's pictureLegal Soch Foundation
2 min read

Supreme Court Grants Interim Bail to Former SP MLA Convicted for SDM Attack

Supreme Court Grants Interim Bail to Former SP MLA Kishore Samrite Convicted for SDM Attack


On November 4, the Supreme Court granted interim bail to former Samajwadi Party MLA Kishore Samrite, who had been sentenced to five years in prison for assaulting a Sub-Divisional Magistrate (SDM) and setting the SDM’s vehicle on fire. The order was passed by a bench comprising Justices Surya Kant and Ujjal Bhuyan, who are hearing Samrite's appeal against a Madhya Pradesh High Court judgment upholding his conviction but modifying certain elements of the sentence imposed by a Special Court.


The Supreme Court's order noted, "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." The matter is scheduled for further hearing on December 10.


The case relates to an April 2004 incident when an unlawful assembly allegedly vandalized the SDM’s office in Lanji and set his vehicle ablaze. The SDM subsequently filed a complaint leading to charges against Samrite and six others. In 2009, Samrite and his co-accused were convicted under several sections of the Indian Penal Code (IPC) – Sections 332/149, 427/149, 435/149, and 147 – as well as Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989. The Madhya Pradesh High Court later upheld the IPC convictions but set aside the SC/ST Act charges.


Samrite has challenged his conviction on several grounds, including claims of political bias, as he was the State Vice President of the Samajwadi Party and a Lok Sabha candidate at the time. He argues that Section 149 of the IPC (related to unlawful assembly) was applied without adequate evidence, and that there is no forensic evidence to support the mischief charge under Section 435. Additionally, defense witnesses reportedly testified that Samrite was not present during the alleged incident.


The case, titled Kishore Samrite vs. State of Madhya Pradesh, will continue with the next hearing set for December 10.






Recent Posts

See All
bottom of page