The High Court of Jharkhand allowed an appeal against a bail rejection order. It held that since no offence under the SC/ST Act was made out post-investigation, the order rejected and directed release on bail with conditions.
Impugned order rejecting bail set aside; appellant released on bail bond of Rs. 10,000 with two sureties.
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 (S.J.) No. 173 of 2021
Sanjay Saw … … Appellant Versus 1. The State of Jharkhand 2. Mosmat Riban Devi … … Respondents ---
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
--For the Appellant : Mr. Rishu Ranjan, Adv. For the State : A.P.P. ---
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.
03/05.07.2021: The present application has been filed under Section 14(A)(2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amended Act, 2016.
Heard learned counsel for the appellant and learned counsel for the State.
This criminal appeal has been filed against the order dated 06.03.2021 passed by learned Addl. Sessions Judge-I, Ramgarh in M.C.A. No.35 of 2021 arising out of Gola P.S. Case No.179 of 2014( G.R. No. 4473 of 2014 registered under Sections 341/ 120B/ 467/ 468/ 471/ 418/ 419/ 420/ 448/504/354/506//34 of the Indian Penal Code and Section 3(V)(X)(VI)(XV) of the S.C.& S.T. (Prevention of Atrocities) Act, by which prayer for regular bail of the appellant has been rejected.
It has been submitted by the counsel for the appellant that the appellant is in custody since 19.01.2021. Investigation is complete. Earlier the case has been registered under Sections 341/ 120B/ 467/ 468/ 471/ 418/ 419/ 420/448/504/354/506//34 of the Indian Penal Code and Section 3(V) (X) (VI) (XV) of the S.C./S.T. (Prevention of Atrocities) Act but after conclusion of the investigation, charge sheet has been submitted under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code only and thereafter, cognizance has been taken against the appellant, namely, Sanjay Kumar @ Sanjay Saw. Thus, the offence under the S.C. & S.T. (Prevention of Atrocities) Act is not made out and the case is being tried by the Judicial Magistrate, 1st Class and on the above ground, prayer for release has been made.
On the other hand, learned APP has opposed the prayer for bail.
Perused the record. It appears that earlier allegation has been made under the S.C./S.T. (Prevention of Atrocities) Act but after investigation, cognizance has been taken under the Indian Penal Code only by the Judicial Magistrate,1st Class. Since, no offence under the S.C./S.T. (Prevention of
Atrocities) Act is made out, there is no requirement of issuance of notice to the victim.
Considering the materials on record and the period of custody, 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, Ramgarh in M.C.A. No.35 of 2021 arising out of Gola P.S. Case No.179 of 2014 (G.R. No.4473 of 2014), subject to condition that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number 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.
Accordingly, instant criminal appeal is allowed and the impugned order dated 06.03.2021 passed by learned Addl. Sessions Judge-I, Ramgarh in M.C.A. No.35 of 2021 arising out of Gola P.S. Case No.179 of 2014 (G.R. No.4473 of 2014) is, hereby, set aside.
(Rajesh Kumar, J.)
Ravi/-
2 issues framed by the court
Whether the appellant, whose case shifted to Section 419 IPC after investigation, is entitled to regular bail.
Whether the impugned order rejecting the bail application should be set aside.
Sanjay Saw
The State of Jharkhand
Mosmat Riban Devi
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
