Allowed

Ghulam Sarwar @ Dargahi Mian @ Md. Dargahi Mian @ Gulam Sarvan v. The State of Bihar

Patna HC10 Jul 2019CR. APP (SJ)/983/2019

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the refusal of bail. The court upheld the order granting bail to the appellant under the SC/ST Act, requiring a bond and sureties, while noting the allegations involved child labour in the bangle industry.

What did the court decide?

The appellant is directed to be released on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each. The impugned order refusing bail is set aside.

Ghulam Sarwar @ Dargahi Mian @ Md. Dargahi… — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.983 of 2019

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Arising Out of PS. Case No.-81 Year-2015 Thana- SHASTRINAGAR District- Patna

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======================================================

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Ghulam Sarwar @ Dargahi Mian @ Md. Dargahi Mian @ Gulam Sarvan Son of Md. Abu Lais Mian, Resident of Village- Bandi, P.S.- Nimchak, Bathani, Near Shabilipur, District- Gaya.

... ... Appellant.

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Lakshmi Kant Sharma For the Respondent/s : Mr. Binay Krishna ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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4 10-07-2019

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Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 30.01.2019 passed by learned Special Judge SC/ST, Patna in connection with Shastrinagar P.S. Case No. 81 of 2015 registered under Section 370 of the Indian Penal Code, under Section 23/26 of the J.J. Act, 3/14 of the Child Labour Act and Section 3(i) (vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Appellant along with five other named accused

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Patna High Court CR. APP (SJ) No.983 of 2019(4) dt.10-07-2019 2/3

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persons are said to have taken about 100 child labour to Hyderabad for working in the bangle industry without according adequate wages and infrastructure facilities to them.

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It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to ulterior motive. The allegation levelled against the appellant is not specific rather general and omnibus in nature. As a matter of fact, the children were starving and on the request of their parents to manage some job for them to meet both the ends by them the appellant and other accused persons got them engaged in the bangle industry with the consent of their parents. During the course of investigation, the I.O. has not recorded statement of any of the parents of the children. Appellant has no criminal antecedent and has been languishing in custody since 19.01.2019.

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Learned Spl. PP for the State opposed the prayer

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for bail.

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In the facts and circumstances of the case, the above named appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. APP (SJ) No.983 of 2019(4) dt.10-07-2019 3/3

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the learned Special Judge SC/ST Act, Patna in connection with Shastrinagar P.S. Case No. 81 of 2015, subject to the condition that in case the appellant is found indulged in such type of occurrence in future his bail bond shall stand cancelled.

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Accordingly, the impugned order is set aside and this appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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Trivedi/-

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U T

Ghulam Sarwar @ Dargahi Mian @ Md. Dargahi Mian @ Gulam Sarvan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ghulam Sarwar @ Dargahi Mian @ Md. Dargahi Mian @ Gulam Sarvan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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