Allowed

Hajrat Ali v. the State of Jharkhand

Jharkhand HC5 Jul 2021Cr.A(SJ)/110/2021

Case brief

AI extract

What is this about?

This criminal appeal against an order rejecting regular bail under Section 14(A) of the SC/ST (POA) Act was allowed. The court directed the appellant's release on bail after noting complete investigation and cooperation, setting aside the lower court order.

What did the court decide?

Appellant released on bail of Rs.10,000 with two sureties; impugned order rejecting bail set aside.

Hajrat Ali Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (S.J.) No. 110 of 2021

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Hajrat Ali … … Appellant Versus 1. The State of Jharkhand 2. Awdhesh Ram … … Respondents ---

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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--For the Appellant : Mr. Sabyasanchi, Adv. For the State : A.P.P. For the informant : Mr. L.K. Singh, Adv. ---

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.

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04/05.07.2021: The present application has been filed under Section 14(A) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amended Act, 2016.

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Heard learned counsel for the appellant and learned counsel for the State as well as learned counsel for the Informant.

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This criminal appeal has been filed against the order dated 26.02.2021 passed by learned Addl. Sessions Judge-I-cum-Special Judge, S.C.& S.T. (POA) Act, Garhwa, in S.C. & S.T. Case No. 1 of 2021 arising out of Manjhiaon P.S. Case No.174 of 2020 registered under Sections 324/307 of the Indian Penal Code and Section 3(1)(w)(i)(ii) of the S.C./S.T. (Prevention of Atrocities) Act, by which prayer for regular bail of the appellant has been rejected.

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It has been submitted by the counsel for the appellant that the appellant is in custody since 19.11.2020. Investigation is complete and the charge sheet has been submitted under Sections 341/ 323/324/452/34 of the Indian Penal Code and Section 3(1)(w)(i)(ii) of the S.C./S.T. (Prevention of Atrocities) Act. The appellant is ready to co-operate with the trial and on that basis, prayer for release has been made.

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On the other hand, learned APP as well as learned counsel for the informant have opposed the prayer for bail.

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Considering the fact that the investigation is complete and the appellant is ready to co-operate with the trial, the appellant, above named, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-I-cum-Special Judge, S.C.& S.T. (POA) Act, Garhwa, in S.C. & S.T. Case No. 1 of 2021 arising out of Manjhiaon P.S. Case No.174 of 2020, subject to condition that the appellant will submit selfattested photocopy of his Aadhaar Card and also submit his mobile number

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before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

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Accordingly, instant criminal appeal is allowed and the impugned order dated 26.02.2021 passed by learned Addl. Sessions Judge-I-cum-Special Judge, S.C.& S.T. (POA) Act, Garhwa, in S.C. & S.T. Case No. 1 of 2021 arising out of Manjhiaon P.S. Case No.174 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Ravi/-

Hajrat Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hajrat Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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