Appeal against bail rejection allowed. The Court held that ingredients of the offence were not made out and, considering the compromise between parties, granted bail on a bond of Rs. 10,000 with two sureties.
Appellant directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 356 of 2020
Kallu Khan
Kallu Khan .... Appellant Versus 1. The State of Jharkhand 2 . Petrus Tigga ….. Respondents --------
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Appellant :Mr. Mohit Prakash, Advocate For the State :Mr. V. S. Sahay, A.P.P For the Respondents : Mr. Aashish Kumar, Advocate
04/Dated: 01.10.2020
1. Office to delete the name of Ms. Laxmi Murmu and mention the name of Mr. V.S. Sahay, as the counsel for the State, in the daily cause list.
2. This appeal has been preferred against the order dated 23.05.2020 passed by learned Additional Sessions Judge-I, Gumla, in Jari P.S. Case No.4/2020 =SC/ST Case No.2 of 2020 registered under Sections 341/323/504/506/384 and 188 of the Indian Penal Code and Sections 3 (1) (f) (g) ® (S) S.C./S.T. (Prevention of Atrocities) Act, whereby the prayer for bail of the appellant has been rejected.
3. Learned counsel for the appellant and learned counsel for respondent No.2 have submitted that on intervention of friends and well-wishers both the parties have amicably settled the matter and entered into compromise.
4 . Heard. In view of the recital in the F.I.R., the ingredients to constitute the offence under Section 384 of Indian Penal Code is not made out, at this stage.
Taking into account that both the parties have amicably settled the matter and have entered into a compromise accordingly the appellant is directed to be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-I, Gumla, in Jari P.S. Case No.4/2020 =SC/ST Case No.2 of 2020
5. With the said direction the appeal is, hereby, allowed.
(AMITAV K. GUPTA, J.)
Rohit / -
2 issues framed by the court
Whether the appellant is eligible for bail after the dispute has been amicably settled.
Whether the ingredients of the offence under Section 384 IPC were made out.
2 provisions across 2 enactments
Kallu Khan
The State of Jharkhand
Petrus Tigga
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
