This criminal appeal challenged the dismissal of an application for anticipatory bail under the SC/ST (POA) Act. The High Court dismissed the appeal, refusing the bail application.
Anticipatory bail application dismissed; criminal appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (Sj) No. 386 of 2019
Chinmai Atit Singh …… Appellant Versus
1.The State of Jharkhand 2.Tinkauri Dhangar ……Respondents
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Appellant: Mr. Swami Nath Pd. Rai, Advocate For the State : A P.P For the Respondent: Mr. Shashi Kant Thakur, Advocate
………..
04/Dated: 24/07/2019
The instant criminal appeal has been filed under section 14-A(2) of the SC/ST (POA) Act being aggrieved and dissatisfied with order dated 06.03.2019 passed by learned Addl. Sessions Judge-1, Sahibganj in connection with complaint case No. 429 of 2017 under sections 323, 448, 504, 506 I.P.C and section 3(1) (f) (g) and (r) of SC/ST (POA) Act by which the anticipatory bail of the petitioner being A.B.P. No. 36/19 was disposed of as not maintainable.
The prosecution case, in short, is that on 14.04.2017 the accused persons came t the house of informant and started abusing and assaulted. It is further alleged that the accused persons caught hand of the wife of informant with bad intention and pressed the neck of the informant with intention to kill him and told that he will register the land to him, otherwise he will be killed. It is further alleged that the accused persons took away silver nucleus worth Rs. 10,000/-. The accused persons tried to grab the land of Mouza-Bara Panchgarh, Blcok-Boria and the nature of said land is non-transferable but he accused persons tried to grab the land by using the force and fraud.
Learned counsel for the appellant has submitted that the appellant is innocent and he has been falsely implicated in this case. Further, it has been submitted that the informant was illegally selling the land of appellant for which a proceeding under section 107 Cr.P.C is going on between the parties.
Learned A.P.P as well as learned counsel for the respondent no. 2 opposed the prayer made on behalf of the appellant..
Considering the facts and circumstances of the case, I am not inclined to grant
anticipatory bail to the appellant. Accordingly, this criminal appeal stands dismissed.
Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.)
Satyarthi/-
1 issue framed by the court
Whether anticipatory bail granted to the appellant in a case under the SC/ST (POA) Act should be allowed on appeal against its dismissal.
2 provisions across 2 enactments
Chinmai Atit Singh
The State of Jharkhand
Tinkauri Dhangar
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
