Allowed

Laxman Prasad Mandal Alias Laxman Mandal v. the State of Jharkhand

Jharkhand HC9 Aug 2021Cr.A(SJ)/129/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed a criminal appeal against the rejection of an anticipatory bail application. The court held that Section 18 of the SC/ST (PoA) Act was not applicable and granted bail subject to surrender and financial conditions.

What did the court decide?

Appellants directed to surrender within four weeks; enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of like amount.

Laxman Prasad Mandal Alias Laxman Mandal Vs the State of… — Caste Atrocities | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No. 129 of 2019

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....

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Laxman Prasad Mandal @ Laxman Mandal

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Manish Kumar Mandal @ Manish Mandal 3. Mukesh Mandal @ Mukesh Kumar Mandal

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Dularchand Mandal 5. Sohan Mandal 6. Kedar Mandal 7. Yugal Mandal @ Amrit Mandal

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Munsi Mandal .… Appellants Versus

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The State of Jharkhand 2. Ajit Kumar .... Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Sudhir Kr. Roy, Adv. For the State : Mr. Jitendra Pandey, A.P.P.

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

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09/09.08.2021 The present application has been filed under Section 14(A) of the Schedule Castes/Schedule Tribes (Prevention of Atrocities) Act.

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Heard learned counsel for the parties.

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This criminal appeal has been filed against the order dated 08.01.2019 passed by the court of learned Additional Sessions Judge-I, Giridih in A.B.P. No.1396 of 2018 in connection with Sariya P.S. Case No.98 of 2017, corresponding to G.R. No.2360 of 2017 for the offence under Sections 341/ 323/ 353/ 385/ 504/ 506/34 of the Indian Penal Code and Section 3(x) of the SC/ST (Prevention of Atrocities) Act by which prayer for anticipatory bail of the appellants have been rejected.

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It appears that vide order dated 22.10.2019 State was directed to file counter affidavit and interim protection has been granted to the appellants. From the counter affidavit, it appears that, the charge-sheet No.162 of 2019 has been submitted before the court below on 07.09.2019 under Section 341/ 323/ 353/ 504/ 506/34 of the Indian Penal Code and the allegation against the appellants for the offence under SC/ST (PoA) Act has been found false.

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It has been submitted by learned counsel for the appellants that the alleged victim who is a teacher in government school was restricted by these appellants and a false case has been lodged by the victim due to rivalry..

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It has been further submitted that the other co-accused persons have already been granted bail by a Co-ordinate Bench of this Court vide order dated 04.09.2018 passed in Cr. Appeal (S.J.) No.1084 of 2018.

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From the above facts, it has been submitted that bar of Section 18 of the SC/ST (PoA) Act is not applicable in the present case. On above facts, appellants are entitled the privilege of anticipatory bail as stipulated under Section 438 of the Cr.P.C.

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On the other hand, learned APP has opposed the prayer.

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Considering the fact that the other co-accused has already granted bail, I am inclined to grant the privilege of anticipatory bail to the appellants. Accordingly, the appellants are directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Giridih in connection with Sariya P.S. Case No.98 of 2017, corresponding to G.R. No.2360 of 2017 on the conditions as laid down under Section 438(2) of the Cr.P.C., subject to condition that the appellants will submit self-attested photocopy of their Aadhar Card and also submit their mobile number before the learned court below which they 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.

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(Rajesh Kumar, J.)

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Shahid/

Laxman Prasad Mandal Alias Laxman Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Laxman Prasad Mandal Alias Laxman Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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