Mahendra Mandal @ Mahendra Prasad Mandal v. State Of Jharkhand
2018-01-12
ANANT BIJAY SINGH
body2018
DigiLaw.ai
JUDGMENT Anant Bijay Singh, J. – The 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 27.07.2017 passed by A.D.J.-I, Deoghar in A.B.P. No. 497/2017, whereby the bail petition of the appellants was rejected. 2. Considering the fact and circumstances of the case, this appeal is allowed and the impugned order dated 27.07.2017 passed by A.D.J.-I, Deoghar in A.B.P. No. 1525/2017, is hereby set aside, so far appellant nos. 1 and 3 namely,Mahendra Mandal @ Mahendra Prasad Mandal and Lakhan Mandal respectively are concerned. The above named appellant nos. 1 and 3 namely, Mahendra Mandal @ Mahendra Prasad Mandal and Lakhan Mandal are directed to surrender in the Court below on or before 12.02.2018 and in the event of their arrest or surrender, the Court below shall enlarge the appellant nos. 1 and 3 namely, Mahendra Mandal @ Mahendra Prasad Mandal and Lakhan Mandal, on bail, on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.D.J.-I, Deoghar in connection with Kunda P.S Case no. 02/2017, arising out of SC/ST case no. 45/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C, subject to the further condition that on the date of surrender, appellant nos. 1 and 3 namely, Mahendra Mandal @ Mahendra Prasad Mandal and Lakhan Mandal shall deposit Rs. 10,000/- each in the court below. 3. Thereafter, the court below shall issue notice to respondent no.2- Sanjay Das and on his appearance and on proper verification shall release the aforesaid amount in his favour. 4. However it is mzade clear that during investigation and trial of the case, appellants will not influence, intimidate or gain over either the respondent No.2 or his witnesses and if they will found indulge in the aforesaid act, it will be opened for the respondent No.2 to file an application for cancellation of bail bond of the appellants. 5. So far, appellants no.2- Sunil Mandal is concerned, since he is main accused in this case, I am not inclined to admit him on bail. Accordingly, prayer for bail of appellant no.2- Sunil Mandal is hereby rejected. 6.
5. So far, appellants no.2- Sunil Mandal is concerned, since he is main accused in this case, I am not inclined to admit him on bail. Accordingly, prayer for bail of appellant no.2- Sunil Mandal is hereby rejected. 6. The respondent no.2 has been informed about his two folds right, firstly right to defend his case through the lawyer of his own choice and secondly, right to avail rehabilitation under section 15A of the SC & ST Act to which respondent no.2 has answered in affirmative. 7. On query, respondent no.2 has informed that he working as a mechanic in Mobile Shop at Deoghar, the Trial court is directed to frame a scheme for rehabilitation Respondent No.2 with the help of Principal District Judgecum-Chairman, DLSA and the Secretary, DLSA, Deoghar and to explore the possibility to extend one of the beneficiary schemes out of the 10 beneficiaries schemes, which have been sponsored by the NALSA and executed by JHALSA and DLSA and they will also provide one advocate from the panel who will pursue the case of the respondent No.2 in the court below and submit a report in this regard before this court within Sixteen Weeks. 8. List this case after Sixteen Weeks after the heading "For Orders." Let a copy of this order be communicated to the court below, the Secretary-cum-Coordinator, DLSA and the Principal District Judge-cumChairman, DLSA, Deoghar.