Md. Shekhawat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1219 of 2021 Arising Out of PS. Case No.-126 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== MD. SHEKHAWAT, aged about 65 years, Gender-Male, S/o Oli Mohammad, Resident of Village- Balaha, P.S.- Khanpur, District- Samastipur. ... ... Appellant
Versus
The State Of Bihar ... ... Respondent ====================================================== Appearance :
For the Appellant :
Mr. Dilip Kumar Roy, Advocate.
For the Respondent :
Mr. Binay Krishna, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2021 Heard learned counsel for the appellant and learned Special P.P. for the State through Virtual mode. Learned counsel for the appellant submits that the limitation, as pointed out by the office, be condoned in the light of the order dated 08.03.2021, passed by the Hon'ble Apex Court, in Suo Motu Writ Petition (Civil) No. 03 of 2020. Considering the submissions made on behalf of learned counsel for the appellant, the limitation, as pointed out by the office, is condoned.
Learned counsel for the appellant is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The matter relates to grant of anticipatory bail to the
Patna High Court CR. APP (SJ) No.1219 of 2021(2) dt.06-08-2021 2/3 appellant in connection with Complaint Case No. 126/2019, registered for the offences under Sections 323, 341, 354, 504/34 of the I.P.C. and Sections 3(1)(r)(s)(w)/3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
The prosecution case, in short, is that Mohammad Shekhawat (appellant) was filling earth encroaching upon the Rasta of the complainant and when the complainant resisted, occurrence of abuse and assault was committed by him. It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against him. A complaint case was filed. There was petty dispute in respect of Rasta which is evident from Annexure-3 to the present appeal. No grievous injury is said to have been caused in course of occurrence. The alleged occurrence has not taken place in public view. Hence, no offence under SC/ST Act is attracted in the present case.
On behalf of the State, it is submitted that the appellant is named in the F.I.R.
In view of the aforesaid facts and circumstances, the order dated 24.09.2019, passed in A.B.P. No. 2185/2019, arising
Patna High Court CR. APP (SJ) No.1219 of 2021(2) dt.06-08-2021 3/3 out of Complaint Case No. 126/2019 by learned Ist Additional Sessions Judge-cum-Special Judge, SC/ST Act, Samastipur, is set aside. The criminal appeal is allowed.
Let the appellant above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned Ist Additional Sessions Judge-cum-Special Judge, SC/ST Act, Samastipur, in connection with Complaint Case No. 126/2019.
Once the normalcy is restored, the appellant shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T