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2019 DIGILAW 1960 (JHR)

Yugal Kishore Singh v. State Of Jharkhand

2019-12-04

ANUBHA RAWAT CHOUDHARY

body2019
JUDGMENT Anubha Rawat Choudhary, J. - Heard counsel for the parties. 2. This appeal has been filed against the order dated 17.08.2019 passed in B.P. No. 607/2019, SC/ST Case No. 15/2018 and G.R. No. 715/2019 by Additional Sessions Judge-I, Palamau for the offence registered under Sections 467,468,420,504,506 of the Indian Penal Code and Section 3(i) (x) (5) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989. 3. Counsel for the appellant submits that by the impugned order regular bail application of the appellant has been rejected and the appellant is in custody since 03.06.2019. He further submits that from perusal of F.I.R. it appears that entire allegation arises out of purchase of land by registered deed and informant of this case when approached for mutation came to know that the land does not belong to the vendor and he insisted that money should be returned to him. Counsel for the appellant further submits that it has been recorded in the impugned order that charge sheet has been submitted under the provisions of Indian Penal Code and no charge sheet has been submitted under the provisions of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989, but he is not in a position to say as to whether cognizance of the offence has been taken by the learned court below or not. He further submits that sale transaction arises out of agreement of the order 2008 and sale deed was executed in the year 2011 and the present case was instituted on 17.12.2018. 4. Counsel appearing on behalf of the opposite party-State submits that notice may be issued to the opposite party no. 2 and appropriate order be passed only after appearance of the opposite party no. 2. He further submits that case diary as well as status of the case be also called for. 5. Upon this, counsel for the appellant submits that the appellant may be enlarged on provisional bail till the appearance of the opposite party no. 2. 6. Issue notice to the opposite party no. 2 under registered cover with A/D as well as ordinary process for which requisites etc. must be filed by 10.12.2019 failing which this appeal as against the concerned opposite party shall stand rejected without further reference to the Bench. 7. 2. 6. Issue notice to the opposite party no. 2 under registered cover with A/D as well as ordinary process for which requisites etc. must be filed by 10.12.2019 failing which this appeal as against the concerned opposite party shall stand rejected without further reference to the Bench. 7. Office is directed to call for the case diary from the court concerned in connection with SC/ST Case No. 15/2018. 8. Office is further directed to call for the status report of the aforesaid case on the following points from the court concerned forthwith. (i) Charge has been framed on not. (ii) If charge has been framed under what Sections and number of charge sheet witnesses and date when the charge has been framed. (iii) Number of witnesses examined till date. (iv) Number of witnesses still to be examined. (v) Expected date of completion of the trial. 9. Considering the aforesaid facts and circumstances, Considering the aforesaid submissions, this court is inclined to enlarge the appellant on Provisional bail till 07.01.2020 on his furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-I, Palamau, in connection with SC/ST Case No. 15/2018, G.R. Case No. 715/2019 on the condition that one of the bailors should be the close family member of the appellant. 10. I.A. No. 11061 of 2018 stands disposed of. 11. Post this case on 07.01.2020. 12. The appellant and the opposite party no. 2 are directed to remain physically present in this case on the next date i.e. 07.01.2020. 13. Let this order be communicated to the court concerned through FAX.