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High CourtsSingle Bench(2020) 09 JH CK 0018

Sudhir Kumar Verma @ Sudhir Sonar And Ors vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 2 September 2020

HON’BLE JUDGES
Amitav K. Gupta, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal (S.J.) No. 1152 Of 2019
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Judgment

8 paragraphs · 343 words
1.

Office to delete the name of Mrs. Vipul Divya and mention the name of Mrs. Ruby Pandey, as counsel for the State, in the cause list.

2.

This appeal has been preferred against the order dated 19.07.2019 passed by A.S.J.-VII-cum-Spl. Judge, SC/ST, Dhanbad whereby the anticipatory bail of the appellants has been rejected.

Learned counsel for the appellants has submitted that both the parties have amicably settled the matter and as per allegation made in the FIR no offence under the provision of SC/ST (Prevention of Atrocities) Act, is made out against the appellants. On completion of investigation the police did not submit charge-sheet for the offence under SC/ST Act.

3.

Learned counsel for the respondent No.2- the informant, has not controverted the same and consented that on intervention of friends and well-wishers both the parties have amicably settled the matter.

4.

Heard. As per F.I.R. the dispute had arisen due to engagement of labourers at loading site of Tetulmari Coal Dump. Cases were lodged by both the parties. As per the submission of the counsels now both the parties have amicably settled the matter.

F.I.R. i.e. Tetulmari P.S. Case No. 43 of 2019 (SC/ST Case No. 50 of 2019) was registered under Sections 147/148/149/323/354/307/364/504/506 of IPC and 3(x)(xi)(xii) of SC/ST (P.O.A.) Act & Section 27 Arms Act. As per allegation in the F.I.R. no firearm injury was sustained by any person. The nature of injury of the informant does not constitute the offence under Section 307 of Indian Penal Code.

Considering, the fact, that both the parties have amicably settled the matter and have entered into compromise as per Annexure-3, accordingly the appellants are directed to be enlarged on bail, in the event of their arrest or surrender on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned A.S.J.-VII-cum-Spl. Judge, SC/ST, Dhanbad, in connection with Tetulmari P.S. Case No. 43 of 2019 (SC/ST Case No. 50 of 2019).

5.

With the said direction the appeal is, hereby, allowed.