Mahadeo Rana vs The State Of Jharkhand
2022 Latest Caselaw 3646 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Criminal Appeal (S.J.) No. 550 of 2022
                                                ....

                 Mahadeo Rana                                                    ....      Appellant
                                                Versus
                1. The State of Jharkhand
                2. Ranjeet Ram                                                   ....   Respondents
                                                ....
                 CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant                 : Mr. Anil Kumar, Adv.
                For the State                     : Mrs. Niki Sinha, APP
                                                  ....

04/12.09.2022              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 appellant and learned counsel for the State. The present appeal has been filed against the order dated 02.07.2022 passed by learned Addl. Sessions Judge-VI, Hazaribag in A.B.P. No.941 of 2022 arising out of Complaint SC/ST Case No.1 of 2020, registered for the offence under Sections 323/ 384 of the Indian Penal Code and Section 3 (c)(f)(g) of the SC/ST (Prevention of Atrocities) Act by which prayer for anticipatory bail of the appellant has been rejected.

The appellant has 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 filing Complaint S.C./S.T. Case No.01 of 2020.

It has been alleged that the land in question has been sold by this appellant and in spite of that, victim is being disturbed and harassed and is not being allowed to construct the boundary wall over the purchased land.

Counsel for the appellant has submitted that the entire allegation is false and frivolous. Further, suit has been filed by this appellant for cancellation of the sale deed. Undertaking has also been given that he will not disturb the victim, so far as the possession and enjoyment of the land is concerned. On the above basis, prayer for anticipatory bail has been made.

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 the learned counsel for the appellant that if there is a land dispute between the parties, the provision of Section 438 Cr.P.C. can be extended to the accused.

On the other hand, learned APP has opposed the prayer for grant of anticipatory bail and it has been submitted that the victim has been harassed and he has not been allowed to construct the boundary wall over the purchased piece of land.

Having heard learned counsel for the parties and on perusal of the record, it appears that the land in question has been sold by this appellant. There is civil dispute pending before the parties. Further, undertaking has been given by the appellant that he will not disturb the victim, so far as the possession and enjoyment of the land is concerned.

Considering the above facts, this Court is inclined to grant privilege of anticipatory bail to the appellant, above named. Hence, in the event of his arrest or surrender within a period of three weeks from the date of this order, he shall be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge- VI, Hazaribag in connection with Complaint SC/ST Case No.1 of 2020, subject to conditions as laid down under Section 438(2) Cr.P.C. and also on the condition that the appellant will submit self-attested photocopy of the 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.

Accordingly, instant criminal appeal is allowed and disposed of.

(Rajesh Kumar, J.) Ravi/