Allowed

Hiru Mahato Alias Hiralal Mahato v. the State of Jharkhand

Jharkhand HC23 Jul 2019Cr.A(SJ)/335/2019

Case brief

AI extract

What is this about?

In an appeal against the rejection of an anticipatory bail application under the SC/ST Act, the High Court allowed the appeal, set aside the rejection order, and directed the lower court to grant bail upon surrender.

What did the court decide?

Impugned order of rejection set aside; appellant directed to surrender within four weeks and grant bail on bond with deposit.

Hiru Mahato Alias Hiralal Mahato Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 335 of 2019

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Hiru Mahato @ Hiralal Mahato …… Appellant

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Versus

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The State of Jharkhand 2. Jhetu Rajak …… Respondent

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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----- For the Appellant : Mr.Shailesh, Advocate For the Respondent : A.P.P -----

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04/Dated: 23/07/2019

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The appellant has preferred this appeal under section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, being aggrieved and dissatisfied by the order dated 02.03.2019 passed by A.D.J -VII -cum- Special Judge, SC/ST, Dhanbad in SC/ST Case no.250/2018 ( M.C.A.no.376/2019 ) arising out of C.P. Case no.2135/2018, whereby the anticipatory bail petition of the appellant was rejected.

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It appears that vide order dated 17.06.2019, both the parties were directed to remain physically present before this court, so that in their presence possibility for framing of rehabilitation scheme for the prosecutrix may be explored and the case was directed to be listed on 23.07.2019.

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Today, when the case is called out, learned counsel for the petitioner and the petitioner are physically present before this court and the learned counsel for the respondent no.2 is present but O.P.No.2 is not present.

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Learned counsel for the appellant has submitted there is land dispute between the parties regarding construction of house on the alleged land. Hence, appellant may be enlarged on bail.

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Learned APP has opposed the prayer for bail of the appellant.

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Considering the fact and circumstances of the case, this appeal is allowed and the impugned order dated 02.03.2019 passed by A.D.J -VII -cum- Special Judge, SC/ST, Dhanbad in SC/ST Case no.250/2018 ( M.C.A.n.376/2019 ) arising out of C.P. Case no.2135/2018 is, hereby, set aside. The above named appellant is directed to surrender in the Court below within Four Weeks and in the event of his arrest or surrender, the Court below shall enlarge the above named appellant, on bail, on furnishing bail bond of Rs. 25,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J -VII -cum- Special Judge, SC/ST, Dhanbad in connection with SC/ST Case no.250/2018 ( M.C.A.n.376/2019 ) arising out of C.P. Case no.2135/2018 , subject to the conditions as laid down under Section 438(2) of the Cr. P.C. and subject to the further condition that on or before his date of surrender, the appellant shall deposit Rs. 2,000/in the account of

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Bandi Kalyan Kosh, Birsa Munda Central Jail, Hotwar, Ranchi being A/c No.490710210000007, Bank of India, Branch-Booty More, Customer ID103610460, IFSC Code no. BKID0004907 and furnish receipt of the same in the court below at the time of surrender.

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Let a copy of this order be communicated to the trial court through FAX.

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( Anant Bijay Singh, J.)

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Raman/

Hiru Mahato Alias Hiralal Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hiru Mahato Alias Hiralal Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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