Jharkhand High Court
Sardar Gurbir Singh @ Gurubir Singh @ ... vs The State Of Jharkhand on 17 October, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Criminal Appeal (S.J.) No. 66 of 2024
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Sardar Gurbir Singh @ Gurubir Singh @ Chotlu Singh @ Gurbir Singh,
aged about 65 years son of late Lakhbir Singh resident of P.P.Compound,
P.O. and P.S. Hindpiri, District Ranchi .... Appellant
-- Versus --
1.The State of Jharkhand
2.Kariya Oraon .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant(s) :- Mr. R.S. Mazumdar, Sr. Advocate
Mr. Nishant Kumar Roy, Advocate
For the State :- Mr. A.K. Tiwari, Advocate
For the O.P.No.2 :- Mr. Kumar Amit, Advocate
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6/17.10.2024 Heard the learned counsel for the appellant, learned counsel for
the respondent State as well as the learned counsel for the respondent no.2.
2. This appeal has been preferred against the order dated
16.01.2024 passed in anticipatory bail petition no.3378 of 2023 by learned
Additional Judicial Commissioner-II cum Special Judge, SC/ST (Prevention of
Atrocities) Act, Ranchi, in connection with SC/ST (Comp) Case No.115 of
2017, arising out of Complaint Case No.1134 of 2016 for offence under
sections 323/341/34 of IPC and section 3(1)(r)(s) of SC/ST (Prevention of
Atrocities) Act whereby anticipatory bail of the appellant has been rejected,
pending in the court of learned Additional Judicial Commissioner-II cum
Special Judge, SC/ST (Prevention of Atrocities) Act, Ranchi and the
cognizance has been taken.
3. Mr. R.S. Mazumdar, the learned Senior counsel for the appellant
by way of referring Annexure-1 submits that the appellant was running
business in the name of M/s Modern Cold Store which was adjacent to the
house of the complaint. He submits that for the land in question twice ACR
Case has been filed which was decreed in favour of the appellant. He submits
that third ACR Case was further filed which is also dismissed and thereafter
the present complaint case has been filed in which cognizance has been
taken and that too SC/ST (Prevention of Atrocities) Act has been inserted
maliciously.
4. Learned State counsel submits that the case is arising out of a
complaint case. He has opposed the prayer on the ground that the case is
made out and the anticipatory bail may kindly be rejected.
5. The learned counsel appearing for the respondent no.2 submits
that allegations are there. He further submits that anticipatory bail is not
maintainable.
6. There are documents on record which clearly suggest that there
are land dispute between the parties and three SAR Cases have been filed
and those have been decreed and thereafter this case has been filed and
that too SC/ST Act has been inserted and the learned court has taken
cognizance. If such a situation is there, the case of the appellant is fully
covered in view of the judgment rendered by the Hon'ble Supreme Court in
the case of Hitesh Verma v. State of Uttarakhand, reported in (2020)
10 SCC 710 and as such I am inclined to grant anticipatory bail to the
appellant.
7. Accordingly, the appellant, above named, is hereby directed to
surrender before the learned court concerned within three weeks from today,
and in the event of his surrender/arrest, the appellant, above named, shall
be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand) each, with two sureties of the like amount each, to the
satisfaction of learned Additional Judicial Commissioner-II cum Special Judge,
SC/ST (Prevention of Atrocities) Act, Ranchi in connection with SC/ST (Comp)
Case No.115 of 2017, arising out of Complaint Case No.1134 of 2016, subject
to the conditions that appellant shall not, directly or indirectly, make any
inducement, threat or undue influence to the prosecution witnesses and the
appellant shall appear before the trial court on each and every date given to
them by the said learned court till the disposal of the trial.
8. This appeal is allowed and disposed of, and the impugned order
dated 16.01.2024 passed in A.B.P. No. 3378 of 2023 is hereby set-aside.
9. Pending petition, if any, also stands disposed of accordingly.
( Sanjay Kumar Dwivedi, J.)
SI/,
