State of Jharkhand & Ors. vs Kamdeo Prasad Shahi

Six appellants have preferred the instant appeal filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015, being aggrieved and dissatisfied by the order dated 09.08.2017 passed in A.B.P. No. 266 of 2017 by learned Additional Sessions Judge-I, Rajmahal, arising out of Sahibganj (SC/ST) P.S. Case No. 15 of 2017, G.R. No. 491 of 2017, registered under Sections 341, 323, 504, 506 of I.P.C. and Section 3 (1)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereby and whereunder, learned Sessions Judge has rejected the prayer for anticipatory bail of the appellants.

Learned counsel for the appellants has submitted that the parties have amicably settled the dispute and have filed compromise petition before the Additional Chief Judicial Magistrate, Rajmahal, copy of the same has been produced. Let it be kept on record.

Learned counsel for the opposite party no. 2 has not controverted the aforesaid fact.

Be that as it may, the impugned order dated 09.08.2017 is set aside.

The appellants are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named appellants on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rajmahal, in connection with Sahibganj (SC/ST) P.S. Case No. 15 of 2017, G.R. No. 491 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The appeal stands allowed.

Let a copy of order be sent to the court below.