Sonu Ansari @ Md. Niayaz Ahmad @ Md. ... vs The State Of Jharkhand
2022 Latest Caselaw 123 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 B.A. No. 14003 of 2021

         Sonu Ansari @ Md. Niayaz Ahmad @ Md. Niyaz Ansrie
                                                       ...           ...        Petitioner
                                              - Versus -
         The State of Jharkhand                        ...         ...   Opposite Party
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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         For Petitioner      : Mr. M. K. Sinha (2), Advocate
         For the State       : Mr. Azeemuddin, A.P.P
                                      ---

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.

04/17.01.2022 Office has pointed out the defect regarding the maintainability of this bail application.

It has been pointed out that as per the provisions of Section 14(A) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, (herein after referred to as the Act) appeal will lie against any judgment, sentence and order, not being an interlocutory order, of a Special court to the High Court both on facts and law.

Relevant portion of Section 14 (A) of Act, provides as under:-

"14(A) (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.

It was submitted by the learned lawyer appearing on behalf of the state that as the present case was specifically triable by a Special Court, order of rejection of bail shall be amenable to appeal in terms of provisions of Section 14(A) of the Act. Bail application under Section 439 Cr. P. C. will not be maintainable before this court.

14(A)(1) of the Act is a Non-obstante clause. Accordingly it will have over riding effect over any other law for the time being in force.

In view of the aforesaid position of law, I am of the opinion that appeal will lie against the order of rejection of bail by Special Court under this Act.

Learned counsel for the petitioner shall make necessary amendment in the petition to convert the same into an appeal.

Let this case be listed before appropriate Bench after fresh stamp report.

(Ambuj Nath, J.)

Rohit/-