Samim Ansari vs The State Of Jharkhand
2022 Latest Caselaw 4444 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 689 of 2022
                                               ....

1. Samim Ansari

2. Khalil Ansari

3. Salim Ansari

4. Sajda Khatun @ Sahida Khatoon

5. Nabab Ansari @ Nawab Ansari

6. Leyakat Ansari @ Leyakat Ali

7. Sabijan Bibi @ Sabijan Khatoon

8. Bibijan Kahtun @ Bibijan

9. Babujaan Ansari @ Babujaan Miya

10. Sairun Khatoon @ Merun Khatoon

11. Idrish Ansari

12. Jakir Ansari

13. Idris Ansari

14. Alauddin Ansari

15. Sahnaj Khatoon @ Saneja Khatoon .... Appellants Versus

1. The State of Jharkhand

2. Mahendra Das .... Respondents ....

                 CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellants                : Mr. Yogesh Modi, Adv.
                For the State                     : Mrs. M. Palit, APP
                For the victim                    : Mr. S.N. Roy, Advocate
                                                  ....

04/07.11.2022                The present appeal has been filed under Section 14-A of the Scheduled

Castes/Scheduled Tribes (Prevention of Atrocities) Act.

Heard learned counsel for the appellants, victim and learned counsel for the State.

The present appeal has been filed against the order dated 12.08.2022 passed by learned Special Judge, S.C./S.T. Act, Giridih in A.B.P. No.287 of 2022 arising out of Nimiyaghat P.S. Case No.4 of 2022, registered for the offence under Sections 147, 148, 149, 341, 323, 354(A), 427, 504 and 506 of the Indian Penal Code and Section 3 (1)(c)(r)(s) of the SC/ST (Prevention of Atrocities) Act by which prayer for anticipatory bail of the appellants has been rejected.

The appellants have approached this court for grant of anticipatory bail although the same is barred under Section 18 of the SC/ ST Act.

Criminal Law has been put into motion by lodging an FIR being Nimiyaghat P.S. Case No.4 of 2022.

It has been submitted that there is land dispute between the parties. The land has been settled in favour of the appellants' party and they are in possession of the suit land.

Counsel for the victim has claimed that the land has been settled on the basis of Parcha being Bhudan Land.

It appears that there is title suit pending between the parties being Original Suit No.25 of 2022 although the same has been filed after filing of the instant case.

Submission has been advanced by the learned counsel for the appellants, by 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 that if there is a land dispute between the parties, the provision of Section 438 Cr.P.C. can be extended to the accused. It has been further submitted that in fact, the victim was aggressor party and he tried to dispossess the appellants from the land and the appellants were trying to protect themselves. On the above basis prayer for anticipatory bail has been made.

On the other hand, learned APP and learned counsel for the victim have opposed the prayer for grant of anticipatory bail and it has been submitted that the victim has been abused and assaulted and as such, offence of atrocities is made out and once atrocity is made out, Section 18 of the S.C./S.T. Act gets attracted.

Having heard learned counsel for the parties and on perusal of the record, it appears that both the parties are claiming right, title and interest over the suit land. There is case and counter case between the parties. In the present case entire family members have been implicated including female members. There is land dispute between the parties and for the possession of the same, scuffle has taken place.

Considering the above facts, this Court is inclined to grant privilege of anticipatory bail to the appellants, above named. Hence, in the event of their arrest or surrender within a period of three weeks from the date of this order, they shall 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, S.C./S.T. Act, Giridih in connection with Nimiyaghat P.S. Case No.4 of 2022, subject to conditions as laid down under Section 438(2) Cr.P.C. and also on the condition that the appellants will submit self-attested photocopy of the Aadhaar 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 and disposed of.

(Rajesh Kumar, J.) Ravi/