Sudarshan Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1934 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- MALI District- Aurangabad ====================================================== SUDARSHAN MEHTA, Son of Bhagat Mehta, Resident of Village - Mali, P.S. - Mali, District - Aurangabad.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mrs. Rupa Kumari, Advocate For the Respondent/s :
Ms. Usha Kumari-I, Spl. P.P..
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 26-02-2021 Let the defects be removed within two weeks.
Heard learned counsel for the parties.
This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 24.08.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Aurangabad in connection with Mali P.S. Case No. 16 of 2020 registered under Section 304 of the Indian Penal Code as well as Sections 3(1)(r),(s), 3(2)(va) of the SC/ST Act.
The appellant is in custody since 26.04.2020. Submission is that on the request of the informant, the appellant had administered injection to his daughter. However, the
Patna High Court CR. APP (SJ) No.1934 of 2020 dt.26-02-2021 2/2 daughter of the informant died.
Considering the period already undergone by the appellant and statement on oath that he has got no criminal antecedent, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the following conditions:- (a) The appellant shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the appellant. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The appellant shall not leave the country without permission of the learned trial court. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 01.03.2021 Transmission Date 01.03.2021