Partly allowed

Sabir Ansari v. the State of Jharkhand

Jharkhand HC20 Jul 2022Cr.A(SJ)/337/2022

Case brief

AI extract

What is this about?

This criminal appeal challenges the rejection of anticipatory bail. The High Court granted the appellant appeal by allowing withdrawal for five appellants but merely granted anticipatory bail to the two female appellants based on a scuffle over fishing rights and lack of serious allegations against them.

What did the court decide?

Withdrawal of the appeal allowed for five appellants; anticipatory bail granted to the two female appellants upon surrender and furnishing of bond.

Sabir 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. 337 of 2022

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....

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Sabir Ansari @ Md. Sabid Ansari

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Rijwan Ansari @ Nanka

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Md. Manjar Ansari

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Mahtab Alam

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Mumtaj Ansari

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Muneja Khatoon

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Kulsum Bibi @ Kulasum Bibi .… Appellants

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Versus

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The State of Jharkhand 2. Rita Devi .... Respondents ....

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Mahesh Kr. Sinha (2), Adv. For the State : Mr. S.K.Dubey, APP For the Res. No.2 : Mr. Anjani Kr. Singh, Adv. ....

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04/20.07.2022 The present appeal has been filed under Section 14-A of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

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Heard learned counsel for the appellants and learned counsel for the State

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as well as learned counsel for the victim.

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The present appeal has been filed against the order dated 22.03.2022 passed by learned Special Judge-SC/ST Act, Giridih in A.B.P. No.358 of 2022 in connection with Gandey P.S. Case No.77 of 2021, registered for the offence under Sections 147/ 148/ 149/ 323/ 324/ 504/ 506 of the Indian Penal Code and Section 3 (1)(r)(Za) of the SC/ST (Prevention of Atrocities) Act by which prayer for anticipatory bail of the appellants have been rejected.

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After some argument, learned counsel for the appellants seeks permission to withdraw the present appeal against the appellant No.1, namely, Sabir Ansari @ Md. Sabid Ansari, appellant No.2, namely, Rijwan Ansari @ Nanka, appellant No.3, namely, Md. Manjar Ansari, appellant No.4, namely, Mahtab Alam and appellant No.5, namely, Mumtaj Ansari.

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Permission is accorded.

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So far as appellant No.6, namely, Muneja Khatoon and appellant No.7, namely, Kulsum Bibi @ Kulasum Bibi are concerned, the prayer for bail has been made on the ground that they are female.

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It has been submitted by learned counsel for the appellants that scuffle has taken place between the parties over the right of fishing. Further, no serious allegation has been made against the female members.

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Learned counsel for the victim has not opposed the prayer for bail so far as female accused are concerned.

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In peculiar facts and circumstances of the case, the appellant No.6, namely, Muneja Khatoon and appellant No.7, namely, Kulsum Bibi @ Kulasum Bibi are granted the privilege of anticipatory bail. Accordingly, the appellant No.6, namely, Muneja Khatoon and appellant No.7, namely, Kulsum Bibi @ Kulasum Bibi 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 anticipatory 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 Special Judge-SC/ST Act, Giridih in connection with Gandey P.S. Case No.77 of 2021, on the conditions as laid down under Section 438 (2) Cr.P.C.

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(Rajesh Kumar, J.)

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Shahid/

Sabir Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sabir Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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