Tejan Pandit vs The State Of Jharkhand
2022 Latest Caselaw 2618 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 343 of 2022
                                         ....

1. Tejan Pandit

2. Latan Pandit .... Appellants Versus

1. The State of Jharkhand

2. Gudiya Devi .... Respondents ....

            CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

            For the Appellants             : Mr. Yogendra Prasad, Adv.
            For the State                  : Mr. Tapas Roy, A.P.P.
            For the Res. No.2              : Mr. Lalan Kumar Singh, Adv.
                                           ....

03/13.07.2022         Heard learned counsel for the appellants and learned counsel for the State
            as well as learned counsel for the victim.

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

The appellants who are in custody since 23.03.2022 have approached this Court for grant of regular bail against the order dated 23.03.2022 passed by the learned Special Judge, SC/ST Act, Hazaribag in connection with SC/ST Case No.48 of 2018, registered for the offence under Sections 147/ 323/ 452/ 354/ 379/ 427/ 504 of IPC and Section 3 (X)(XI) (XV) of the SC/ST (PoA) Act by which prayer for bail of the appellants have been rejected.

It has been submitted by learned counsel for the appellants that the appellants are the victim of misuse of SC/ST (PoA) Act. The proceeding has been initiated on the basis of complaint petition and the court below has taken cognizance without proper enquiry and investigation. Admittedly, there is a land dispute between the parties but there is no investigation or enquiry regarding the place of occurrence and the possession over the disputed land. It has been further submitted that the order taking cognizance is bad. Referring to the judgment of Hon'ble Apex Court in the case of Hitesh Verma Vrs. State of Uttarakhand reported in 2020 (10) SCC 710, it has been submitted by learned counsel for the appellants that the bar of Section 18 of SC/ST (PoA) Act will not be applicable in the facts and circumstances of the present case.

On the other hand, learned APP and learned counsel for the victim has opposed the prayer for bail and submitted that the allegation makes out a case under SC/ST (PoA) Act and bar of Section 18 of SC/ST (PoA) Act is applicable.

Having heard learned counsel for the parties and from perusal of record, it appears that only on the basis of S.A., the court below has taken cognizance. Admittedly, there is a land dispute between the parties and the court below was under obligation to make proper enquiry either himself or through some agency.

Considering the above facts, the appellants, above named, are directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST Act, Hazaribag in connection with SC/ST Case No.48 of 2018 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.

(Rajesh Kumar, J.) Shahid/