Allowed

Suni Ram Gope v. the State of Jharkhand

Jharkhand HC19 Jul 2021Cr.A(SJ)/730/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand entertained a criminal appeal against a bail refusal order. Finding the appellant in custody since July 2020 with valid charges filed, the court granted bail with a bond of 10,000 rupees and two sureties, setting aside the lower court's order.

What did the court decide?

Appellant released on bail with bond of Rs. 10,000/ and two sureties; impugned bail refusal order set aside.

Suni Ram Gope 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.730 of 2020

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Suni Ram Gope … … Appellant

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Versus

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The State of Jharkhand

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Sona Hembrom … … Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Ms. Shruti Shrestha, Adv. For the State : Mr. Jitendra Pandey, A.P.P.

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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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05/19.07.2021: 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 Ms. Shruti Shrestha, learned counsel appearing for the appellant and Mr. Jitendra Pandey, learned A.P.P. appearing for the State.

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3. In spite of valid service of notice, nobody has appeared on behalf of the respondent no.2.

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4. The criminal appeal has been filed against the impugned order dated 22.10.2020 passed by the learned 1^st Additional Sessions Judge, West Singhbhum, at Chaibasa in Misc. Criminal Application No.311 of 2020 in connection with Karaikela P.S. Case No.23 of 2020 corresponding to S.C./S.T. Case No.05 of 2020, registered for the offence u/s 354 and 354(A) of the IPC and u/s 3(i)(w)(i)(ii) of the SC/ST (POA) Act. The case is now pending in the court of the learned Additional Sessions Judge-I, West Singhbhum, Chaibasa.

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5. It has been submitted by the learned counsel for the appellant that the appellant is in custody since July, 2020. It has been submitted that the charge-sheet has been filed under Section 354A of the Indian Penal Code and under Section 3(i)(w)(i)(ii) of the SC/ST (POA) Act, and the cognizance has been taken. It has further been submitted that there is a case and counter case between the parties, and the appellant has falsely been implicated in this case. On the above facts, the prayer for bail has been made.

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6. On the other hand, learned counsel for the State has opposed the prayer for bail.

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7. In the attending facts and circumstances of the case and considering 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 the learned 1^st Additional Sessions Judge, West Singhbhum, at Chaibasa, in connection with Karaikela P.S. Case No.23 of 2020 corresponding to S.C./S.T. Case No.05 of 2020, subject to the condition that 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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8. Accordingly, instant criminal appeal is allowed and the impugned order dated 22.10.2020 passed by the learned 1^st Additional Sessions Judge, West Singhbhum, Chaibasa in Misc. Criminal Application No.311 of 2020 in connection with Karaikela P.S. Case No.23 of 2020 corresponding to S.C./S.T. Case No.05 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Amar/-

Suni Ram Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Suni Ram Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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