Md. Anwarul Haque @ Anwarul Haque vs The State Of Jharkhand
2022 Latest Caselaw 2436 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Criminal Appeal (S.J.) No.1122 of 2019
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Md. Anwarul Haque @ Anwarul Haque .... .... Appellant Versus

1. The State of Jharkhand

2. Basanti Sinku .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant                   : Mr. Shahid Khan, Adv.
For the State                       : Mr. Rajneesh Vardhan, A.P.P.
For the Res. No.2                   : Mr. Pravin Kumar, Adv.
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11/Dated: 05th July, 2022

1. The present appeal has been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Heard the learned counsel for the appellant and the learned counsel for the State and the learned counsel for the victim.

3. The appeal has been filed against the impugned order dated 09.10.2019 in A.B.P. No.267 of 2019 passed by the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in connection with Noamundi P.S. Case No.27 of 2019, registered for the offence under Sections 341, 323, 504 and 506 of the Indian Penal Code and under Section 3 & 4 of the SC/ST (POA) Act. The case is presently pending in the court of the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa.

4. It appears that there is case and counter case. Both the parties have lodged a case against each other. The bone of contention is land and there are various litigations between the parties.

5. It has been submitted by the learned counsel for the appellant that the investigation is complete and the charge has been filed on 30.03.2020 and the appellant undertakes to participate in the trial. Further, it is a land dispute which is converted into the present criminal case. There are case and counter case. The disputed land is the purchased land of the appellant and for demarcation of the land the application has been given to the concerned C.O. Ultimately, the land has been demarcated on the direction of the Hon'ble High Court. There are 107 Cr.P.C. proceedings between the parties. Referring to the judgment of the Hon'ble Apex Court reported in (2020) 10 SCC 710 in the case of Hitesh Verma Vs. The State of Uttrakhand & Anr., it has been contended that Bar of Section 18 is not applicable.

6. The learned counsel for the State and the victim have opposed the prayer for bail and it has been submitted by the victim that she has been abused and slapped and as such offence of atrocities is made out and Section 18 bars such prayer made in the present appeal.

7. Having heard the learned counsel for the parties and from perusal of the records it appears that there is dispute between the parties over a piece of land and there are various litigations.

8. Considering the above facts and the mandate of the Hon'ble Apex Court, the appellant, above named, is 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 his arrest or surrender, he shall be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in connection with Noamundi P.S. Case No.27 of 2019 on the conditions as laid down under Section 438(2) Cr.P.C. Further, the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

9. In the result, the instant appeal stands allowed and disposed of.

10. Further, the trial court is directed to expedite the trial early as possible.

(Rajesh Kumar, J.)

Amar/-