Suresh Mahto vs The State of Jharkhand

Two appellants have preferred the 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 10.08.2017 passed in A.B.P. No. 712 of 2017 by learned Additional Sessions Judge-I, Deoghar, arising out of Kunda P.S. Case No. 50 of 2013, registered under Sections 323, 354, 379, 452, 504 of I.P.C. and Section 3 (x) 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 earlier also a case being Jasidih P.S. Case No. 321 of 2012 was lodged by the opposite party no. 2 under Sections 457 / 380 of the I.P.C., in which the name of the appellants were appearing in the body of the F.I.R. and the police submitted the charge sheet bearing no. 29/2013 on 28.02.2013 finding the case to be untrue and to initiate proceeding under Sections 182 / 211 of the Indian Penal Code against the informant.

Learned APP as well as learned counsel for the opposite party no. 2 have opposed the prayer for bail.

Be that as it may, the impugned order dated 10.08.2017 passed in A.B.A. No. 712 of 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 Sessions Judge-I, Deoghar, in connection with

Kunda P.S. Case No. 50 of 2013, G.R. No. 836 of 2013, 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.