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2019 Supreme(Jhk) 852
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANT BIJAY SINGH, J.
Kamlesh Kumar Verma – Appellant
Versus
The State of Jharkhand – Respondent
Cr. Appeal (S.J.) No. 677 of 2019
Decided On : 16-07-2019
Advocate Appeared:
For the Appellant : Mr. Yogesh Modi.
For the Respondent: Mr. Arun Kumar Pandey.
The main legal point established in the judgment is the interpretation and application of Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, which influenced the court's decision to reject the prayer for anticipatory bail.
Headnote:
Section 14-A - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act - The court rejected the prayer for anticipatory bail of the appellants on the ground that in view of Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, the anticipatory bail is not maintainable.
Fact of the Case:
The appellants filed an appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015, being aggrieved by the rejection of their prayer for anticipatory bail by the learned Sessions Judge.
Finding of the Court:
The court directed the appellants to take steps for service of notice on respondent no. 2 and to call for the xerox copy of LCR of SC/ST Complaint Case No. 40 of 2017 from the learned Special Judge, Dhanbad. It also scheduled a date for all the parties to remain physically present before the Court to explore the possibility of framing a scheme for the respondent no. 2 under Victim Compensation Scheme and SC/ST Act. The court also ordered that no coercive steps shall be taken against the appellants till then.
Issues: The main issue was the maintainability of anticipatory bail in connection with SC/ST Complaint Case No. 40/2017 under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, which rendered anticipatory bail not maintainable in the present case.
Final Decision: The final decision was to reject the prayer for anticipatory bail of the appellants and to schedule a date for all parties to remain physically present before the Court to explore the possibility of framing a scheme for the respondent no. 2 under Victim Compensation Scheme and SC/ST Act, with a directive that no coercive steps shall be taken against the appellants till then.
JUDGMENT :
ANANT BIJAY SINGH, J.
1. Appellants have preferred the appeal filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015, being aggrieved and dissatisfied by the order dated 23.04.2019 passed in A.B.P. No. 386 of 2019 by learned Additional Sessions Judge-I, Giridih, arising out of SC/ST Complaint Case No. 40/2017, registered under Sections 323, 341, 504, 506, 379, 34 of I.P.C. and Section 3/4 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereby and whereunder, learned Sessions Judge has rejected the prayer for anticipatory bail of the appellants on the ground that in view of Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, the anticipatory bail is not maintainable.
2. Learned counsel for the appellants is directed to take steps for service of notice on respondent no. 2, for which requisites etc. under registered cover with A/D as well as under ordinary process, must be filed within two weeks.
3. In the meanwhile, office is directed to call for the xerox copy of LCR of SC/ST Complaint Case No. 40 of 2017 from the learned Special Judge, Dhanbad.
4. List this case on 18.09.2019. On that date, all the appellant nos. 3 and 5 and respondent no. 2 are directed to remain physically present before this Court, so that in their presence, possibility of framing of scheme for the respondent no. 2 under Victim Compensation Scheme and SC/ST Act may be explored.
5. Till then, no coercive steps shall be taken against the appellants, in connection with SC/ST Complaint Case No. 40/2017, pending in the court of learned District Judge-I, Special Court, Giridih.
