Allowed

Jilani Ansari v. the State of Jharkhand

Jharkhand HC19 Jul 2022Cr.A(SJ)/7/2021

Case brief

AI extract

What is this about?

The High Court allowed appeals filed under Section 14(A) of the SC/ST Act seeking anticipatory bail. Upholding the Apex Court's guidelines regarding land disputes, the court directed the appellants to surrender within four weeks and enlarged them on bail upon furnishing bonds and sureties.

What did the court decide?

Appellants directed to surrender within four weeks; enlarged on bail on furnishing sureties and composite security of Rs. 10,000 each.

Jilani Ansari Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.07 of 2021

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Jilani Ansari @ Md. Jilani …. …. Appellant Versus 1. The State of Jharkhand 2. Ramnivas Bhagat …. …. Respondents With Criminal Appeal (S.J.) No.743 of 2020

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Naushad Ansari @ Nausad Ansari …. …. Appellant

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Versus

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1. The State of Jharkhand 2. Ramnivas Bhagat …. …. Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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---For the Appellants : Mr. K.S. Nanda, Adv. [In Cri. App. (S.J.) No.07/21] Mr. Ashish Kr. Thakur, Adv. [In Cri. App. (S.J.) No.743/20] For the State : Mr. Sanat Kr. Jha, A.P.P. [In both cases] For the Res. No.2 : Mr. Ritesh Kumar, Adv. [In both cases] ----

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10/Dated: 19^th July, 2022

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1. The present appeals have been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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2. Heard the learned counsel for the appellants and the learned counsel for the State and the learned counsel for the victim.

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3. The appeals have been filed in the nature of anticipatory bail against the impugned order dated 03.12.2020 in A.B.P. No.371 of 2020 and in A.B.P. No.376 of 2020 passed by the learned Sessions Judge, Gumla in connection with Gumla SC/ST Case No.15 of 2020, registered for the offence under Sections 504 and 506/34 of the Indian Penal Code and under Section 3(1)(f)(g)(r)(s) of the SC/ST (POA) Act. The case is presently pending in the court of the learned Additional Sessions Judge-I-cum-Special Judge, Gumla.

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4. At the very outset, referring to the order of the Hon’ble Apex Court reported in (2020) 10 SCC 710 in the case of Hitesh Verma versus State of Uttrakhand and Anr., it has been submitted that there is serious land dispute

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that has been converted into the present criminal case. Further, it has been submitted that the land in question has been earlier purchased by Budhwa Oraon in the year 2013. Thereafter, in 2014 some portion of land has been purchased by the present victim. It has been submitted that more land has been sold to both persons that is the bone of contention between the parties. These appellants are involved only as a contractor as they have been asked to make certain construction and the present criminal case is camouflage to settle the civil dispute between the parties. On the above basis, the bar of Section 18 does not get attracted and the applicant is entitled for anticipatory bail as the appellants have no role to play in the dispute.

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5. On the other hand, the learned counsel for the State and the victim have opposed the prayer for bail and it has been submitted that there is assault and abusement and as such offence under SC/ST (PoA) Act is made out. On specific queries, counsel for the State has submitted referring to the report of the circle officer, that there is serious land dispute between the parties.

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7. Considering the above facts and the mandate of the Hon’ble Apex Court, the appellants, above named, 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 bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Gumla in connection with Gumla SC/ST Case No.15 of 2020, on the conditions as laid down under Section 438(2) Cr.P.C. Further, the appellants will submit self-attested photocopies of their Aadhaar Cards and also submit their mobile numbers 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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8. In the result, the instant appeals stand allowed and disposed of.

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(Rajesh Kumar, J.)

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Amar/-

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Jilani Ansari v. the State of Jharkhand

Case brief

What is this about?

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Jilani Ansari v. the State of Jharkhand

Case brief

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