CourtKutchehry.com
High CourtsSingle Bench

Ramvilash Ram And Ors vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 17 October 2019 · Citation: (2019) 10 JH CK 0059

HON’BLE JUDGES
Anubha Rawat Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 307, 323, 324, 448, 504 · Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(x), 4
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal (S.J.) No. 861 Of 2019
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

15 paragraphs · 485 words
1.

Heard Mr. Tarun Kumar (No. 1), counsel appearing on behalf of the appellants.

2.

Heard Mr. Azeemuddin, counsel appearing on behalf of the respondent- State.

3.

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

4.

This appeal has been filed against the order dated 31.07.2019 passed by Special Judge SC. ST. Act, Giridih in M.C.A. No. 779/2019 & 823 of 2019, whereby appellants pray for grant of regular bail from this Hon'ble Court as they are in custody for allegedly committing offence U/S 147, 148, 149, 448,324, 323, 307, 504 of I.P.C. & Sec. 3(X)/4 SC. ST. (POA) Act in connection with Jamua P.S. Case No. 66/10, G.R.N 674/10 which is said to be pending in the court of learned Special Judge SC. ST. Act, Giridih.

5.

Counsel for the appellants submits that the appellant no. 1 is in custody since 07.07.2019 and appellant no. 2 is in custody since 23.07.2019. Further, vide order dated 27.08.2019 passed by this Court they have been enlarged on provisional bail which is valid till 23.10.2019. It appears that the parties are living peacefully as a joint compromise petition has been filed today which is taken on record and numbered as I.A. No. 9799 of 2019.

6.

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 appellants is confirmed.

7.

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

8.

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

9.

After hearing the counsel for the parties and after considering the facts and circumstances of this case, the impugned order dated 31.07.2019 passed by the learned Special Judge, S.C.S.T. Act, Giridih is hereby set-aside and the provisional bail granted to the appellants vide order dated 27.08.2019 which is expiring on 23.10.2019, is hereby confirmed on the following conditions:

(i) The appellants 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.

10.

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.

11.

This Criminal Appeal is hereby disposed of.

12.

I.A. No. 9799 of 2019 is also disposed of.

13.

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