Advocates:
['ASHOK KR SINHA', 'SATISH KUMAR KESHRI', '', 'PARTH S A SWAROOP PATI', 'ROHAN KASHYAP', 'NAGENDRA PATHAK', 'ASHISH KUMAR']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (S.J.) No. 348 of 2019

1.

Madan Mohan Bera

2.

Rabindra Nath Bera

3.

Chabilal Bera

4.

Kabinath Bera @ Chand Bera

…… Appellants

Versus

The State of Jharkhand

…… Respondent

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Appellant

: Mr. A.K.Sinh (4), Advocate

For the O.P.No.2

: Mr. P.A.S.Pati, Advocate.

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03/Dated: 20/06/2019

Four appellants have preferred this appeal under section 14A of

the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act

being aggrieved and dissatisfied by the order dated 23.03.2019 passed

by Addl. Sessions Judge-Ist- cum- Special Judge, SC/ST (POA) Act,

Jamshedpur in A.B.P.No.361/2019 arising out of Chakulia P.S.case

no.35/2017, whereby the learned Special Judge has been pleased to

dismiss the anticipatory bail of the appellant in view of the provisions of

section 18 of the SC & ST Act that the same is not maintainable.

Under order dated 25.04.2004 notice was issued to respondent

no.2.

Office note dated 18.06.2004 reveals that after issuance of notice,

O.P.No.2 appeared through his learned counsel by filing Wakalatnama.

Learned counsel for the appellant relied upon the judgment in the

case of Asharfi Vs. State of Uttar Pradesh, reported in (2018)1 SCC-

742 and submitted that the allegation against the appellant is of calling

the victim by his caste name.

However, no where it is mentioned that the appellant belongs to

the member of Scheduled Caste. The relevant paras of the said

judgment are para-7,8 and 9.

In view of the submissions made by the parties and also

considering the judgment aforesaid, this appeal is allowed and the

impugned order dated 23.03.2019 passed by Addl. Sessions Judge- Ist-

cum- Special Judge, SC/ST (POA) Act, Jamshedpur in

A.B.P.No.361/2019, is hereby set aside. The above named appellants are

directed to surrender in the Court below within Four Weeks and in the event

of their arrest or surrender, the Court below shall enlarge the above named

appellants, on bail, on furnishing bail bond of Rs. 25,000/- (Rupees twenty-

five thousand) each with two sureties of the like amount each to the

satisfaction of Addl. Sessions Judge- Ist- cum- Special Judge, SC/ST

(POA) Act, Jamshedpur, in connection with in A.B.P.No.361/2019

arising out of Chakulia P.S.case no.35/2017 ,subject to the conditions as

laid down under Section 438(2) of the Cr. P.C. and subject to the further

condition that on the date of surrender, the appellants shall deposit Rs.

1,000/- each by way of cost in the account of

Bandi Kalyan Kosh, Birsa

Munda Central Jail, Hotwar, Ranchi being A/c No.490710210000007,

Bank of India, Branch-Booty More, Customer ID-103610460,IFSC Code

no.BKID0004907.

Let a copy of this order be sent to the trial court, the Superintendent,

Birsa Munda Central Jail, Hotwar, Ranchi and also handed over to the

learned counsel for the parties.

( Anant Bijay Singh, J.)

Raman/