Mustak Shekh @ Mustak vs The State of Jharkhand

The petitioner is apprehending his arrest in connection with Pakur(M) P.S. Case No. 25 of 2016, corresponding to G.R. No. 52 of 2016 for

the offence under sections 366A, 376/34 of the I.P.C.

It appears that under order dated 04.07.2017 the anticipatory bail of the petitioner was rejected.

Further, it appears that under order dated 05.05.2017, prosecutrix was directed to appear before the Secretary, D.L.S.A, Pakur on

29.05.2017 who will provide her advocate and legal aid on the government expenses and the trial court was further directed to provide benefit out

of nine schemes as sponsored by the NALSA and executed by JHALSA and DALSA and also provide financial help to the prosecutrix, namely,

Mamera Khatun from the fund maintained by State Government and submit its report to this Court and further under order dated 04.07.2017

office was directed to call for a report regarding the further steps taken by the concerned authorities to provide benefits to the prosecutrix and the

report was directed to be submitted within 12 weeks. Thereafter this case was listed on 30.10.2017.

Thereafter under order dated 30.10.2017, the Secretary, D.L.S.A Pakur in association with Trial Court in guidance with Principal District &

Sessions JudgecumChairman, D.L.S.A was directed to provide financial help to the Prosecutrix after making proper verification and submit

supplementary report to this Court.

Office note dated 04.01.2018 reveals that supplementary report has been received.

The supplementary report dated 02.01.2018 submitted by Secretary, D.L.S.A, Pakur reveals that in the meeting of the District Legal Aid

Committee, Pakur all the members of the committee unanimously took decision to grant ad interim compensation of Rs. 20,000/in favour of the

said prosecutrix. Further, the Deputy Commissioner, Pakur has been requested to take all necessary steps on priority basis to make available the

required/needed fund. In compliance of the above request, the Deputy Commissioner, Pakur has reported that he has requested to the Director,

Home, Jail & Disaster Management Department, Jharkhand, Ranchi for allotment of Rs. 7,60,000/ +36,00,000/total Rs. 43,60,000/to make

payment of the compensation to the victims/Dependants of the victims including this prosecutrix, under victim compensation scheme 2012/2016. It

is also submitted that as soon as the fund is made available to the Deputy Commissioner, Pakur, the amount of adinterim compensation to the

prosecutrix, as approved by the District Legal Aid Committee, Pakur shall be paid.

It appears that the aforesaid report does not reveal which benefit of the Nine Schemes as sponsored by NALSA and Executed by JHALSA

and DALSA have been extended to the prosecutrix save and except Rs. 20,000/to be extended to the victim.

So the aforesaid report is not in compliance of order dated 04.07.2017 and 30.10.2017. It appears that the trial court, Secretary, D.L.S.A,

Pakur as well as Principal District & Sessions JudgecumChairman, D.L.S.A, Pakur has not carefully gone through the direction of this Court.

Under these circumstances, Secretary, D.L.S.A. Pakur, Trial Court and the Principal District & Sessions JudgecumChairman, D.L.S.A. Pakur

is directed to submit fresh report to this court within eight weeks.

Office is directed to add the Member Secretary, Jharkhand State Legal Services Authority, (JHALSA), Nyay Sadan, Doranda, Ranchi as

O.P. NO. 2 and the Director, Prosecution as O.P. NO. 3 and supply the copy of memo of bail application, and the entire ordersheet to the

Member Secretary, Jharkhand State Legal Services Authority, (JHALSA), Nyay Sadan, Doranda, Ranchi within one week.

Mr. Ravi Prakash, learned A.P.P is directed to take instruction as to whether in terms of Memo No. 1902 dated 08.12.2017, Letter No.

1925 dated 12.12.2017 and letter No. 1958 dated 16.12.2017 seeking allotment of fund of Rs.43,60,000/from the Director, Home, Jail &

Disaster Management Department, Jharkhand Ranchi for victim compensation to the victim as recommended by the D.L.S.A has been released or

not, so that appropriate order be passed.

List this case after eight weeks.

Let a copy of this order be handed over to the learned A.P.P and to the Nodel Officer and a copy of this order be sent to the Member

Secretary, Jharkhand State Legal Services Authority, JHALSA, Ranchi.

Let a copy of this order be also sent to the Secretary, D.L.S.A. Pakur, Trial Court and to the Principal District & Sessions

JudgecumChairman, D.L.S.A. Pakur through FAX for compliance.