Prabal Kumar Roy @ P. K. Roy vs The State Of Jharkhand
2021 Latest Caselaw 2898 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      Cr. Appeal (SJ) No. 438 of 2020
                                            .......

                Prabal Kumar Roy @ P. K. Roy                                    ....      ....Appellant
                                                   -Versus-
                1. The State of Jharkhand
                2. Manu Bouri                                                   ....      ....Respondents

                CORAM:-HON'BLE MR. JUSTICE RAJESH KUMAR
                                                   .......
              For the Appellant            : - Mr. A. K. Mehta, Adv.
              For the State                : - Mr. Shekhar Sinha, PP.
                                                   .....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities were good.

........

05/13.08.2021 Office has raised objection that there is delay of 40 days in preferring the present appeal.

This objection raised by the office has been objected by the learned counsel for the appellant and it has been submitted that the impugned order is of dated 20.03.2020 and the present appeal has been preferred on 28.07.2020. As per the mandate of Section 14 A (3) of the SC/ST (POA) Act, the appeal shall be preferred within a period of ninety days from the date of the judgment. However, the High Court may entertain an appeal after the expiry of the period of ninety days, but within 180 days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days. Learned counsel for the appellant has relied upon a order passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No. 03 of 2020 dated 08.03.2021.

Learned counsel for the State has no objection.

Considering the submissions of the parties, the objection raised by the office is, hereby, ignored.

It has been submitted that the appellant is official of the Eastern Coalfields Ltd. (Ministry of Coal). A complaint has been made against the six officials of the Eastern Coalfields Ltd in which one official namely Anil Kumar Rai has already been granted anticipatory bail by the Co-ordinate Bench of this Court in Cr. Appeal (S.J) No. 436 of 2020 vide order dated 11.02.2021 and the case of this appellant also stands on similar footings.

In view of the above submissions, issue notice upon the respondent no. 2 by registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within two weeks.

Till then, no coercive steps shall be taken against the appellant in connection with SC/ST Case No. 12 of 2019/C. P. No. 286 of 2019 pending in the Court of District & Additional Sessions Judge-VI-cum-Special Judge, SC/ST Act, Dhanbad.

(Rajesh Kumar, J.) Kamlesh/