Chintaman Mahto And Another vs The State Of Jharkhand
2025 Latest Caselaw 4586 Jhar

Jharkhand High Court

Chintaman Mahto And Another vs The State Of Jharkhand on 7 April, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                     Criminal Appeal (D.B.) No.142 of 2025
                                       -----

Chintaman Mahto and Another ....... ... Appellants Versus The State of Jharkhand ...... Respondent

-------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-------

For the Appellants : Mr. Rahul Dev, Advocate For the Respondent : Mr. Saket Kumar, APP

------

th Order No.03/Dated: 7 April, 2025

1. The present appeal has been filed under section 21(4) of the NIA Act, 2008. The case has been instituted against the appellants under Sections 370/109 of the Indian Penal Code and under Sections 4/17/18 of POCSO Act.

2. The one of the penal offences as alleged against the present appellants is under section 370 of the Indian Penal Code.

3. Section 370 of the Indian Penal Code has been brought under the "Schedule" as has been referred in Section 2(1) (f) of the NIA Act, 2008 by virtue of the Act 16 of 2019 w.e.f. 02.08.2019.

4. The learned counsel appearing for the appellants in course of argument has submitted that one of the co-accused persons, namely, Sunil Yadav @ Sunil has been released on bail vide order dated 06.12.2024 passed in B.A No.10144 of 2024 by the learned Single Judge of this Court. He has produced the copy of the order dated 06.12.2024 passed by the learned Single Judge of this Court.

5. The matter pertaining to scheduled offence to the schedule 2(1) (f) of the NIA Act, 2008 is to be listed before the Division Bench by way of an appeal filed under section 21(4) of the NIA Act, 2008 in view of the judgment passed by the Hon'ble Apex Court in the case of "Bikramjit Singh vs State of Punjab" reported in (2020) 10 SCC 616 as also the judgment dated 16.12.2022 passed in B.A No.5937 of 2022 by the larger Bench of this Court.

6. This Court is astonished that the case pertaining to the co-accused, namely, Sunil Yadav @ Sunil has been listed before the learned Single Judge.

7. The learned Registrar (Judicial) of this Court is directed to conduct an enquiry and submit a report before the next date of hearing.

8. List this case on 17.04.2025.

(Sujit Narayan Prasad, J.)

(Pradeep Kumar Srivastava, J.)

Sudhir