Mohan Ram vs State Of Jharkhand And Ors

Heard Mr. Ashim Kumar Sahani, counsel appearing on behalf of the appellant.

Heard the counsel appearing on behalf of the respondentState.

Heard Mr. Santosh Kumar, counsel appearing for the respondent No. 2.

This appeal has been filed against the order dated 03.05.2019 passed by the learned Spl. Judge SC & ST Act, Giridih in M.C.A. No. 482 of 2019, arising out of Jamua P.S. Case No. 66 of 2010 dated 28.03.2010 registered under Sections 147,148, 149, 448, 324, 323, 307 and 504 of the Indian Penal Code read with Section- 3(X)/4 of the SC & ST (Prevention of Atrocity) Act, 1989 (G.R. No. 674 of 2010), now said to be pending in the Court of the learned SPl. Judge, SC & ST Act, Giridih, whereby and whereunder the prayer of the appellant for regular bail has been rejected. He submits that vide order dated 16.10.2019, one co-accused namely Umesh Ram has been enlarged on bail in Cr. Appeal (S.J.) No. 715 of 2019.

Counsel for the appellant submits that the appellant was in custody since 22.03.2019 and vide order dated 26.08.2019 passed by this Court, he has been enlarged on provisional bail which is valid till 23.10.2019. A a joint compromise petition is being filed today which is taken on record and numbered as I.A. No. 9798 of 2019.

Upon query from counsel appearing on behalf of the respondent no. 2, he submits that the respondent no. 2 is living peacefully and he has no objection if the provisional bail granted to the appellant is confirmed.

Counsel for the State however submits that the respondent no. 2 should be adequately compensated by way of victim compensation and the amount of compensation may not be less than Rs. 15,000/-.

At this, counsel for the appellant submits that the deposit of the victim compensation amount may not prejudice the case of the appellant before the learned court below.

After hearing the counsel for the parties and after considering the facts and circumstances of this case, the impugned order dated 03.05.2019 passed by the learned Special Judge, S.C. & S.T. Act, Giridih is hereby set-aside and the provisional bail granted to the appellant vide order dated 26.08.2019 which is expiring on 23.10.2019, is hereby confirmed on the following conditions:

(i) The appellant will deposit Rs. 15,000/- prior to 23.10.2019 before the learned court below and the amount is to be remitted to the respondent no. 2 by the learned court below after proper identification.

(ii) The appellants will not annoy or disturb the respondent no. 2 or his family members in any manner during the pendency of this case.

It is made clear that the aforesaid amount by way of victim compensation to the respondent no. 2 will not prejudice the case of either party before the learned court below.

This Criminal Appeal is hereby disposed of.

I.A. No. 9798 of 2019 is also disposed of.

Let this order be communicated to the court concerned through FAX.