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2017 Supreme(Jhk) 1585

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anant Bijay Singh, J.
Bhuneshwar Mahto & Ors. – Appellants
Versus
The State of Jharkhand & Anr. – Respondents
Crl. Appeal (SJ) No. 1106 of 2017
Decided On : 08-12-2017

Advocates Appeared:
For the Appellant : L.C. Roy
For the Respondent: Niranjan Kumar

The court's decision was based on the evaluation of witness statements and the validity of the appellants' claim to the land.

Headnote:

SC/ST (Prevention of Atrocities) Act - Land Dispute - Sections 147, 148, 341, 447, 323, 467, 468, 420, 354(B), 379 of the Indian Penal Code and Sections 3(X), 3(II)(x), 15-A of the SC/ST (Prevention of Atrocities) Act

Fact of the Case:

The case involved a land dispute under the SC/ST (Prevention of Atrocities) Act, where the appellants were accused of trying to dispossess the informant from the land using forged documents.

Finding of the Court:

The court rejected the prayer for anticipatory bail, considering the statements of witnesses and the prosecution's case.

Issues: Possession of the land, validity of the appellants' title, and the threat posed to the informant by the appellants.

Ratio Decidendi: The court's decision was influenced by the statements of witnesses supporting the prosecution's case and the rejection of the appellants' claim of innocence and valid title.

Final Decision: The appeal was allowed, and the court directed the trial court to consider the appellants' request for regular bail and provide legal aid to the respondent no.2.

ORDER :

Heard learned counsel appearing for the parties.

2. All the four appellants have preferred the instant appeal under Section 14A of the SC/ST (Prevention of Atrocities) Act being aggrieved and dissatisfied with the order dated 17.05.2017 passed in A.B.P. No.436 of 2017 in connection with Jasidih P.S. Case No.364 of 2016, by the learned Addl. Sessions Judge-Ist cum Special Judge, Deoghar, lodged under Sections 147, 148, 341, 447, 323, 467, 468, 420, 354(B), 379 of the Indian Penal Code and Under Sections 3(X) of the S.C./S.T. (Prevention of Atrocities) Act and cognizance has been taken under Sections 3(II)(x) of the S.C. & S.T. Prevention of Atrocity Act whereby learned Special Judge has rejected prayer for grant of anticipatory bail.

3. The aforesaid case being S.C./S.T. No.169 of 2016 has been lodged before the court learned Special Judge, Deoghar, alleging therein that she has been in possession of the land detail has been mentioned in Para-2 of the complaint petition and the accused persons/ appellants herein after creating forge and fabricated documents tried to dispossess the informant from the land, in question for which litigations are going on in between the parties.

4. Vide order dated 18.07.2017, notice was issued to the respondent and case diary was called for.

5. Pursuant to the notice, both the parties appeared on 24.11.2017 and the following order was passed, which reads as under :-

“Pursuant to order dated 09.10.2017, appellant no. 1, Bhuneshwar Mahto and respondent no. 2 Indra Devi, are physically present along with their learned counsels.

Possibility of framing of rehabilitation scheme for the respondent no. 2 is explored.

Respondent No. 2 is informed about her two fold-rights namely right to defend her case in the trial court by a counsel from legal aid panel and right to compensation either to be paid by the petitioner or from the State Fund as well as rehabilitation scheme of the victim to be formulated by the Legal Services Authority under Jharkhand Victim Compensation Scheme and also extend the benefits of ten schemes of Government of India and Government of Jharkhand sponsored by NALSA and executed by JHALSA and DLSA. She has answered in affirmative.

Learned counsel for the appellants and learned counsel for the respondent no. 2 have submitted that the parties have entered into compromise and have filed compromise petition vide Annexure-2.

When a specific query was put to the appellant no. 1 as to whether appellants are ready to pay Rs. 15,000/- each to the respondent no. 2 by way of ad interim compensation in terms of Section 15-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, if this Court inclines to admit them on anticipatory bail.

Learned counsel for the appellants prayed for some time to reflect and inform this Court.

Since, the case diary has been received, list this case on 08.12.2017.

Till then, interim relief granted earlier shall continue.”

6. It appears that on that date, the counsel for the appellants drew the attention at Annexure-2, stating therein, that the parties have entered into compromise and as per order of this Court, Rs.15,000/- by each appellant was directed to be paid to the respondent no.2 under Victim Compensation Scheme. Thereafter the matter was adjourned for today.

7. Today, when the case is called out, counsel for the appellants submitted that the appellants are innocent. The appellants have valid title and interest over the land and land was settled in favour of the mother of the appellant no.1 by erstwhile Rohini Estate, but the counsel for the respondent no.2 submitted that after possibilities were explored in Chamber, the appellants threatened the respondent no.2 with dire consequence.

8. It appears that the case diary has been received. On perusal of the case diary, it appears that at Para-7, the I.O. has recorded the statements of Rajesh Manjhi, at Para-8, the I.O. has recorded the statements of witness, Bablu Manjhi and at Para-9, the I.O. has rec

















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