Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
BIRENDRA KUMAR, J.
Criminal Appeal (SJ) No.4439 of 2018
(13.12.2018)
Shankar Sah – Appellant
vs.
State of Bihar – Respondent
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14(A)(2) – Refusal to grant bail – Police Case registered under Sections 147/148/149/341/323/ 307/379/448/504 of Indian Penal Code and Section 3(i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Doctor has found simple injury – Appellant is in custody since 05.09.2018 – Bail granted – Impugned order set aside and appeal allowed. (Paras 2 to 4)
Birendra Kumar, J. – Heard learned counsel for the parties.
2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the refusal of prayer for bail vide order dated 11.10.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa, in connection with Saharsa Sadar Police Station Case No.416 of 2017, registered under Sections 147/148/149/341/323/307/379/448/504 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Allegation against the appellant is of commission of injury with iron rod at the head of the father of the informant. The doctor has found simple injury. The appellant is in custody since 05.09.2018.
4. Considering the aforesaid fact, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
5. Accordingly, the impugned order is set aside and appeal is allowed.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
