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2017 Supreme(Pat) 111
IN THE HIGH COURT OF JUDICATURE AT PATNA
HEMANT GUPTA and SUDHIR SINGH, JJ.
Ravindra Thakur, Son of Late Arjun Thakur & Ors. - Appellants
Versus
The State of Bihar - Opposite Party
Criminal Appeal (SJ) No.832 of 2016
Decided On : 17-02-2017
For the Appellants :Mr. Ramakant Sharma, Sr. Advocate and M/S. Rajesh Kumar and Rakesh Kumar Sharma, Advocates.
For the State : Mr. Sadanand Paswan and Mr. Binay Krishna, Spl. P.P. (SC/ST) Act.
Headnote:
(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14-A – Grant/refusal of bail – Maintainability of appeal – Right of filing an appeal has been conferred to aggrieved person against order granting or refusing bail by Special Court or Exclusive Special Court with effect from 26.1.2016 – Reckoning date to decide maintainability of such appeal would be date of order passed by Special Court or Exclusive Special Court, either grant of bail or refusal of bail irrespective of date of institution of F.I.R. or complaint – If any order has been passed either granting or refusing bail, in respect of a case instituted for offence/offences under the Act prior to date i.e. 26.1.2016 when amended provision as envisaged under Sections 14 and 14-A of the Act came into force, same is not amenable to appeal under Section 14-A (2) of the Act – After 26.1.2016, no court is empowered to adjudge prayer for bail in cases instituted under the Act except Special Court or Exclusive Special Court established or specified under Section 14 of the Act. (Paras 6, 11 to 14 and 17)
(B) Criminal Procedure Code, 1973 – Section 460 – Irregularities which do not vitiate proceedings – There is distinction between irregularity and illegality – An irregularity may be defined as deviation from or want of adherence to rule or mode of proceeding – An illegality, on other hand, is an act not authorized by law and it denotes a radical defects going to root of matter resulting in failure of justice and incurable in nature – Cr.P.C. treats all errors, omissions or defects as irregularities and further need that illegality can only mean an incurable illegality; incurable because of prejudice leading to a failure of justice. (Paras 23 and 24)
SUDHIR SINGH, J.
1. This appeal has been filed against the order of refusing bail dated 23.08.2016 passed in B.P. No. 492/2016, by the learned 1st Additional District and Sessions Judge, Buxar, in connection with Buxar SC/ST P.S. Case No. 13/15 dated 03.04.2015, registered under Sections 341, 323, 436, 504 of the Indian Penal Code, and Section 3 (1) (X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as “the Act”).
2. In course of hearing, the Learned Single Bench of this Court vide order dated 19.01.2017 passed in the present appeal, has referred the matter to be decided by a Division Bench in view of substituted Section 14 and inserted Section 14-A of the Act.
3. The Learned Single Bench has referred this matter before the Division Bench for deciding the issue as formulated in paragraph 2 of the order 19.01.2017 passed in the present appeal, which reads thus:
“2. The present controversy relates with maintainability of an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, relating to the event whereunder cases having been instituted before application of the amendment Act since 26.01.2016.”
4. Such issue has arisen consequent to substitution of Section 14 and insertion of Section 14-A of the Act, which reads thus:
“14. Special Court and Exclusive Special Court- (1) For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, establish an Exclusive Special Court for one or more Districts;
Provided that in Districts where less number of cases under this Act is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offences under this Act;
Provided further that the Courts so established or specified shall have power to directly take cognizance of offences under this Act.
(2) It shall be the duty of the State Government to establish adequate number of Courts to ensure that cases under this Act are disposed of within a period of two months, as far as possible.
(3) In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing;
Provided that when the trial relates to an offence under this Act, the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge-sheet.
14-A.Appeals-(1) Notwithstanding anything contained in the Code of Criminal procedure, 1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.
(2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High court against an order of the Special Court or the Exclusive Special Court granting or refusing bail.
(3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from;
Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days;
Provided further than no appeal shall be entertained after the expiry of the period of one hundred and eighty days.
(4) Every appeal preferred under sub-section (1) shall, as far as p
