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2017 DIGILAW 1327 (JHR)

Chakravarti Nath Sahu v. State of Jharkhand

2017-08-02

ANANT BIJAY SINGH

body2017
JUDGMENT : 1. The appellants has preferred this appeal under Section 14 A(2) of the Scheduled Caste and Scheduled Tribe ( Prevention of atrocities) Act being aggrieved and dissatisfied by the order dated 09.02.2017 in A.B.P. No.09/2017, passed by learned Sessions Judge, Gumla whereby and where under anticipatory bail petition of the appellant was rejected. 2. The brief facts of the case is that the appellant and informant are living in same village and in the year 2010 the appellant had induced the informant to invest the amount of Rs.7,850/- in a scheme, thereupon informant had invested the said amount and when he went to realize the said amount then the appellant refused to return the money and abused the informant by his caste name. 3. Pursuant to order dated 20.06.2017, both the parties are physically present and the appellant is ready to refund Rs.15,700/- today itself. 4. Appellant handed over the said amount to the O.P.No.2 in Court Room. The office is directed to record their appearance and receipt of money on the note-sheet. 5. In the facts and circumstances of the case, the order dated 09.02.2017 in A.B.P. No.09/2017, passed by learned Sessions Judge, Gumla is hereby set aside. The appellant is directed to surrender in the court below on or before 04.09.2017 and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gumla, in connection with SC/ST Gumla P.S.Case No.10/16, corresponding to G.R. No.1219/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C., subject to the further condition is that on the date of surrender appellant shall deposit Rs.8,000/- in the trail court by way of ad interim compensation in terms of Jharkhand Victim Compensation Act & SC/ST Act to be paid to the O.P. No.2. 6. After so deposition the trial court will issue notice to the O.P. No.2 and on his appearance and on proper verification the trial court will released the aforesaid amount in his favour. 7. The aforesaid deposition will not prejudice the case of the appellant. 8. Accordingly, this Cr.Appeal (S.J.) is here by allowed.