Partly allowed

Dr Pramod Tiwari v. the State of Jharkhand

Jharkhand HC19 Jul 2021Cr.A(SJ)/683/2020

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal and quashed the impugned bail refusal order. The appellant, convicted under SC/ST Act and IPC sections for rape and harassment, was released on bail with conditions to deposit Rs.50,000 as compensation.

What did the court decide?

Criminal appeal allowed; impugned order dated 12.10.2020 set aside; appellant released on bail subject to deposit of Rs.50,000 compensation and furnishing surety bond.

Dr Pramod Tiwari Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.683 of 2020

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Dr. Pramod Tiwari @ Pramod Tiwari @ Pramod Kumar Tiwari

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Versus

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1. The State of Jharkhand 2. Rasmita Ba … … Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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--- For the Appellant : Mr. Jai Shankar Tripathi, Adv. For the State : Mr. B.N. Ojha, A.P.P. For the Res. No.2 : Mr. Deepak Kumar, 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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06/19.07.2021: The present appeal has been filed under Section 14(A) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

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2. Heard Mr. Jai Shankar Tripathi, learned counsel appearing for the appellant and Mr. B.N. Ojha, learned A.P.P. appearing for the State and Mr. Deepak Kumar, learned counsel appearing for the informant.

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3. The criminal appeal has been filed against the impugned order dated 12.10.2020 passed by the learned Additional Sessions Judge-I, Ramgarh, in connection with Ramgarh SC/ST P.S. Case No.16 of 2020, for the offence u/s 376, 504 and 506 of the I.P.C. and u/s 3(i)(r) of the SC/ST (POA) Act. Now, the case is pending in the court of the learned Additional Sessions Judge-I-cum-Special Judge, Ramgarh.

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4. It has been submitted by the learned counsel for the appellant that the appellant is in custody since 27.06.2020. The investigation is complete and he is ready to co-operate in the trial. It has been submitted that false allegation has been made just to extract some money, as there is some dispute regarding the wages of the victim. It has been further submitted that the appellant is ready to pay Rs.50,000/- as ad-interim compensation to the victim. On the above facts, prayer for bail has been made. On the above facts, prayer for bail has been made.

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5. On the other hand, learned counsel for the State and learned counsel for the respondent no.2 has opposed the prayer for bail, and it has been submitted that the lady aged about 31 years belonging to the

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member of scheduled tribe community, has been exploited by the appellant, and as such, the appellant does not deserve bail.

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6. In the attending facts and circumstances of the case, 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 the learned Additional Sessions Judge-I-cum-Special Judge, Ramgarh, in connection with Ramgarh SC/ST P.S. Case No.16 of 2020, subject to the condition that the appellant will deposit Rs.50,000/- as ad-interim compensation in the court below before his release without prejudice to his defence and the same should be released in favour of the victim. The appellant will submit self-attested photocopy of his Aadhar 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.

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7. Accordingly, instant criminal appeal is allowed and the impugned order dated 12.10.2020 passed by the learned Additional Sessions Judge-I, Ramgarh, in connection with Ramgarh SC/ST P.S.

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Case No.16 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Amar/-

Dr Pramod Tiwari v. the State of Jharkhand

Case brief

What is this about?

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Dr Pramod Tiwari v. the State of Jharkhand

Case brief

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