Md. Kalam @ Kalim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3566 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -JANKINAGAR District- PURNIA =========================================================== Md. Kalam @ Kalim son of late Abdul @ Md. Abdul Hussen, R/o. villageJankinagar, P.S. Jankinagar, District- Purnea .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Amit Kumar Anand, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 18-09-2018 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 against the refusal of prayer for bail vide order dated 13.08.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Purnea, in Special SC/ST Case No.38 of 2018, arising out of Jankinagar Police Station Case No.25 of 2018, registered under Sections 302/120B of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation in the FIR is against other named accused persons of commission of murder of the son of the informant. In the last of the FIR it is stated that the appellant was involved in execution
Patna High Court CR. APP (SJ) No.3566 of 2018 dt.18-09-2018 P2/ of the alleged murder.
Considering the nature of allegation against the appellant, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date19.09.2018 Transmission Date 19.09.2018