This is an anticipatory bail petition under Cr.P.C. Section 438 filed by petitioners implicated in an offence under IPC and SC & ST (PA) Act. The court directed release on bail if petitioners surrender within 15 days.
Directed that petitioners be released on bail if they surrender before the court in seisin within fifteen days.
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.
ABLAPL No. 2620 of 2017
2. 21.3.2017 The petitioners having been implicated in G.R. Case No.1040 of 2014
arising out of Nimapara P.S. Case No.276 of 2014 registered for alleged commission of offence
under sections 341/323/354/294/506/34 IPC read with section 3 (i)(x) of SC & ST (PA) Act pend
ing in the court of learned J.M.F.C., Nimapara have filed this application under Section 438
of the Cr.P.C. for grant of anticipatory bail.
Learned counsel for the petitioners submits that the dispute concerns
with the auction of a tank in the village and for that reason, the case has been foisted again
st the petitioners setting up the informant and others. He also submits that accepting the FIR
version, all the ingredients for attraction of offence under the SC & ST (PA) Act are prima f
acie not satisfied.
Learned Addl. Standing Counsel opposes the move.
Considering the submission, viewing the nature of accusations and othe
r surrounding circumstances of the case, in the absence of any other impediment, it is directe
d that in the event the petitioners surrender before the court in seisin of the case within a
period of fifteen days hence and move for their release on bail, they be released on bail on s
uch terms and conditions as would be deemed just and proper by the said court.
The ABLAPL stands disposed of.
Issue urgent certified copy, if applied for.
.. D. Da
sh, J.
Aks
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. in a case alleging offences under various IPC sections read with SC & ST (PA) Act.
Whether the acceptance of FIR version satisfies the ingredients for offences under the SC & ST (PA) Act.
3 provisions across 3 enactments
Petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court