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Kartik Yadav Vs. The State of Jharkhand - Court Judgment

SooperKanoon Citation
CourtJharkhand High Court
Decided On
AppellantKartik Yadav
RespondentThe State of Jharkhand
Excerpt:
.....has preferred an application under section 14-a of the scheduled caste and scheduled tribe (prevention of atrocities) amendment act, being aggrieved and dissatisfied with the order dated 22.09.2017 passed by learned district & sessions judge-ist-cum-special judge, godda, in spl. (sc/st) case no. 04 of 2017, which arises out of balbadda p.s. case no. 61 of 2016, corresponding to g.r. no. 1643 of 2016, registered under sections 143, 147, 149, 341, 342, 324, 325, 307, 354 (2), 379 of the i.p.c. and section 3 (i) (x) of the scheduled caste and scheduled tribe (prevention of atrocities) act, lodged on the basis of one written report given by niranjan kumar yadav, whereby the learned special judge has rejected the prayer for bail of the appellant. learned counsel for the appellant has.....
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 1933 of 2017 Kartik Yadav ….. Appellant Versus The State of Jharkhand ….. Respondent --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Appellant : Mr. Md. Zaid Ahmed, Advocate. For the State : A.P.P. --------- 02/Dated:

06. 11/2017 Sole appellant has preferred an application under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, being aggrieved and dissatisfied with the order dated 22.09.2017 passed by learned District & Sessions Judge-Ist-cum-Special Judge, Godda, in Spl. (SC/ST) Case No. 04 of 2017, which arises out of Balbadda P.S. Case No. 61 of 2016, corresponding to G.R. No. 1643 of 2016, registered under Sections 143, 147, 149, 341, 342, 324, 325, 307, 354 (2), 379 of the I.P.C. and Section 3 (i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, lodged on the basis of one written report given by Niranjan Kumar Yadav, whereby the learned Special Judge has rejected the prayer for bail of the appellant. Learned counsel for the appellant has submitted that appellant is in custody since 27.07.2017. Learned counsel for the appellant is directed to add informant - Niranjan Kumar Yadav as respondent no. 2 and shall take steps for service of notice on newly added respondent no. 2, for which requisites etc., under registered cover with A/D as well as under ordinary process, must be filed within two week after Diwali Holidays. In the meanwhile, office is directed to call for the case diary. Be that as it may, keeping in view the fact that the appellant is custody since 27.07.2017, appellant, above named, is directed to be released on provisional bail till 30.01.2018 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge-I-cum-Special Judge, Godda, in connection with Special (SC/ST) Case No. 04 of 2017 arising out of Balbadda P.S. Case No. 61 of 2016, -2- corresponding to G.R. No. 1643 of 2016. List this case on 16.01.2018. On that date, both the parties are directed to remain physically present before this Court, so that in their presence, possibility of framing of rehabilitation scheme for the respondent no. 2 under Section 15 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and under Jharkhand Victim Compensation Scheme may be explored. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 1938 of 2017 Sunil Pal ….. Appellant Versus The State of Jharkhand ….. Respondent --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Appellant : Mr. Ramesh Kumar, Advocate. For the State : A.P.P. --------- 02/Dated:

06. 11/2017 Sole appellant has preferred an application under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, being aggrieved and dissatisfied with the order dated 06.09.2017 passed by learned Additional Sessions Judge-I-cum-Special Judge, S.C. & S.T. (Prevention of Atrocities) Act, Palamau at Daltonganj, in SC/ST Case No. 37 of 2017, which arises out of Pandu P.S. Case No. 16 of 2017, registered under Sections 147, 148, 149, 435, 436 of the I.P.C. and Section 4 and 5 of the Explosive Substance Act, Section 17 of C.L.A. Act and Sections 3 / 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, lodged on the basis of one written report given by Sharda Devi, whereby the learned Special Judge has rejected the prayer for bail of the appellant. Learned counsel for the appellant has submitted that one of the co-appellant Ajeet Yadav has preferred Cr. Appeal (S.J.) No. 1676 / 2017, in which appellant – Ajeet Yadav was admitted on provisional bail till 12.12.2017 and notices were issued to informant and both the parties were directed to remain physically present on 04.12.2017 and also case diary was called for. Be that as it may, keeping in view the fact that the appellant is custody since 21.07.2017, appellant, above named, is directed to be released on provisional bail till 12.12.2017 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-I-cum- Special Judge, S.C. & S.T. (Prevention of Atrocities) Act, Palamau at Daltonganj, in connection with SC/ST Case No. 37 of 2017, arises out of Pandu P.S. Case No. 16 of 2017. List this case on 08.12.2017 along with Cr. Appeal (S.J.) No. 1676 / 2017. On that date, both the parties are directed to -2- remain physically present before this Court, so that in their presence, possibility of framing of rehabilitation scheme for the respondent no. 2 under Section 15 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and under Jharkhand Victim Compensation Scheme may be explored. The appellant namely Ajeet Yadav in Cr. Appeal (S.J.) No. 1676 / 2017 and the informant are directed to remain physically present on 08.12.2017 instead of 04.12.2017. Office is directed to communicate this order to the learned counsel for the informant / opposite party no. 2 of Cr. Appeal (S.J.) No. 1676 / 2017, if she has already appeared through any counsel by filing Vakalatnama. (Anant Bijay Singh, J.) Sunil/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. xxxx of 201x xxx ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. xxx, Advocate. For the State : A.P.P. --------- xx/Dated:

06. 11/2017 Petitioner is apprehending his arrest in connection with xxx P.S. Case No. xx of xx, corresponding to G.R. No. xx of xx, registered under Section xx of the I.P.C. It is submitted by learned counsel for the petitioner that xxxx. Learned APP has opposed the prayer for anticipatory bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within three weeks from the date of this order and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of xxxxxx, in connection with xxxxx P.S. Case No. xxx of xxxx, corresponding to G.R. No. xxxx of xxxx, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anant Bijay Singh, J.) Sunil/


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