Bashishtha Narayan Suman And Ors vs State Of Jharkhand And Ors

Two appellants have preferred the appeal filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amended Act, 2015, being aggrieved and dissatisfied by the order dated 13.06.2018 passed in A.B.P. No. 507 of 2018 by learned Additional Sessions Judge-IV, Deoghar, arising out of Kunda P.S. Case No. 14 of 2017, corresponding to SC/ST Case No. 183 of 2017, registered under Sections 406, 420, 341, 323, 504, 34 of I.P.C. and Section 3 (viii) & 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereby and whereunder, learned Sessions Judge has held that in view of nature of allegation against the appellants and in view of Section 18 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act the anticipatory bail filed by the appellants is not maintainable and rejected the prayer for anticipatory bail of the appellants.

It appears that under order dated 02.05.2019, notices were issued to respondent no. 2.

Perused the office notice dated 27.05.2019. It appears that report of Judge-in-Charge, Deoghar dated 22.05.2019 reveals that notice has been validly served upon respondent no. 2.

Despite valid service of notice nobody appeared on behalf of the O.P.No.2.

Learned counsel for the appellants has referred to Annexure-2 i.e. Joint Compromise arrived between the parties filed before Principal District and Sessions Judge, Deoghar dated 26.05.2018 and submitted that the parties have settled the matter amicably.

Further, learned counsel for the appellant relied upon a judgment in the case of Asharfi Vs. State of Uttar Pradesh reported in (2018) 1 Supreme Court Cases 742 and referred paragraph No.7, which is as under:-

"7. Section 3(2)(v) of the SC/ST Prevention of Atrocities Act has not been amended by virtue of Amendment Act 1 of 2016. By way of this amendment, the words "....... on the ground that such person is a member of a Scheduled Caste" have been substituted with the words ".....knowing that such person is a member of Scheduled Caste or Scheduled Tribe". Therefore, if subsequent to 26-1-2016 (i.e. the day on which the amendment came into effect), an offence under the Penal Code which is punishable with imprisonment for a term of ten years or more, is committed upon a victim who belongs to SC/ST community and the accused person has knowledge that such victim belongs to SC/ST community and the accused person has knowledge that such victim belongs to SC/ST, then the charge of Section 3(2)(v) of the SC/ST Prevention of Atrocities Act is attracted. Thus, after the amendment, mere knowledge of the accused that the person upon whom the offence is committed belongs to SC/ST community suffices to bring home the charge under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act".

In view of the facts and circumstances of the case, the order dated 13.06.2018, passed in A.B.P. No. 507 of 2018 by learned Additional Sessions Judge-IV, Deoghar, arising out of Kunda P.S. Case No. 14 of 2017, corresponding to SC/ST Case No. 183 of 2017 is hereby set aside. The appellants are directed to surrender in the court below within four weeks and in the event of their arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Deoghar, in connection with Kunda P.S. Case No. 14 of 2017, corresponding to SC/ST Case No. 183 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Further, appellants shall deposit Rs.1,000/- each by way of cost in the account of Bandi Kalyan Kosh being A/c No.490710210000007, IFSC Code:-

BKID0004907, Bank of India, Booty More Branch and will submit a receipt of the same before the court below at the time of furnishing bail bonds.

Accordingly, this Cr. Appeal (S.J.) is hereby allowed.

Let a copy of this order be sent to the court below and Birsa Munda Central Jail, Hotwar, Ranchi through "FAX" and also be handed over to the learned counsel for the appellant as well as learned counsel for the State.