Jharkhand High Court
Bablu Khan vs The State Of Jharkhand on 13 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 247 of 2021
....
1. Bablu Khan
2. Afsar Khan
3. Arshad Khan
4. Vicky Khan .... Appellants
Versus
1. The State of Jharkhand
2. Sanjay Paswan .... Respondents
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Appellants : Mr. Rajesh Kumar, Adv.
For the State : Mr. Anup Pawan Topno, PP
For the Respondents No.2 : Mr. Binod Kumar, Adv.
....
The matter was taken up through Video Conferencing. Learned counsel for the parties had
no objection with it and submitted that the audio and video qualities are good.
....
04/13.09.2021 The present application has been filed under Section 14(A)(2) of the
Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
Heard learned counsel for the appellants and learned counsel for the State
as well as learned counsel for the respondent No.2-the victim.
This criminal appeal has been filed against the order dated 21.12.2020
passed by the learned Addl. Sessions Judge-I, Lohardaga in connection with Kuru
P.S. Case No.166 of 2018 for the offence under Sections 147/ 148/ 149/ 341/ 323/
504/ 506/ 379 of the Indian Penal Code and Section 3(1)(x) of the SC/ST
(Prevention of Atrocities) Act by which prayer for anticipatory bail of the
appellants have been rejected.
It has been submitted by learned counsel for the appellants that there is a
case and counter case. The allegation is under Sections 147/ 148/ 149/ 341/ 323/
504/ 506 and 379 of the Indian Penal Code and Section 3(1)(x) of the SC/ST
(Prevention of Atrocities) Act. Now the good sense has prevailed between the
parties and they are neighbour and ultimately the issue has been settled. On the
basis of settlement of issue, the present victim, who is an accused in Kuru P.S. Case
No.167 of 2018, has been granted anticipatory bail vide order dated 09.07.2021
passed in A.B.A. No. 1917 of 2021. Although offence under the SC/ST Act is not
compoundable but relying upon the judgment reported in (2014) 6 SCC 466 in the
case of Narinder Singh & Ors. Vrs. State of Punjab & Anr, it has been submitted
that if the parties have settled their dispute at an early stage of investigation, there is
no possibility of conviction, and as such, considering the above fact, the appellants
may be granted the benefit of Section 438 of the Cr.P.C.
Learned counsel for the victim has supported the prayer.
In view of the fact that the settlement has arrived between the parties and
they are living peacefully, I am inclined to grant the privilege of anticipatory bail to
the appellants. Accordingly, the appellants are directed to surrender in the court
below within four weeks from the date of receipt/ production of the copy of this
order and in the event of their arrest or surrender, they shall be enlarged on bail, on
their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of
the like amount each, to the satisfaction of learned Addl. Sessions Judge-I,
Lohardaga in connection with Kuru P.S. Case No.166 of 2018 on the conditions as
laid down under Section 438(2) Cr.P.C., subject to condition that the appellants will
submit self-attested photocopy of their Aadhar Card and also submit their mobile
number before the learned court below which they will always keep active and will
not change it during pendency of this case without prior permission of the court.
Accordingly, instant criminal appeal is allowed.
I.A. No.4507 of 2021 also stands disposed of.
(Rajesh Kumar, J.)
Shahid/
