Jharkhand High Court
Neyaz Ali @ Neyaz Ansari vs The State Of Jharkhand on 1 March, 2023
Author: Navneet Kumar
Bench: Navneet Kumar
1 Cr. Appeal (SJ) No.732 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.732 of 2022
Neyaz Ali @ Neyaz Ansari ..... Appellant
Versus
The State of Jharkhand .... Respondent
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Sabyasanchi, Advocate
For the State : Mr. V.S. Sahay, APP
For the informant : Mr. Lalan Kr. Singh, Advocate
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6/01.03.2023 Heard learned counsel appearing on behalf of the appellant and learned APP Mr. V.S. Sahay appearing on behalf of the State assisted by learned counsel Mr. Lalan Kr. Singh appearing on behalf of informant Meena Kumari.
This criminal appeal directed against the order dated 07.09.2022 passed by the court of learned Special Judge SC/ST Act cum Additional Session Judge-I Garhwa, in connection with Ramna P.S. Case No. 11 of 2021 dated 11.02.2021 registered under sections 354,376,511,420,506 of the IPC and under Section 3(1)(r) / 3 of S.C. /S.T. (Prevention of Atrocities) Act, where the prayer of the appellant for the grant of regular bail has been rejected.
It has been submitted on behalf of the appellant that there was a minor quarrel between the informant and the appellant due to the documents related to the landed property and no such offence as alleged in the FIR under sections 354,376,511,420,506 of the IPC and under Section 3(1)(r)/3 of S.C. /S.T. (Prevention of Atrocities) Act has been committed by the appellant against the informant.
Learned counsel appearing on behalf of the appellant submitted that the trial of the case has commenced vide SC/ST case No. 22 of 2022 and certified copy of the deposition of the informant Meena Kumari has been furnished before this court. From perusal of the said deposition of the informant Meena Kumari, it is found that there was a 2 Cr. Appeal (SJ) No.732 of 2022 minor dispute between both of them with respect to the documentation of the landed property, which was later on resolved between them and the matter has been compromised and now there is no grievance of the informant Meena Kumari against this appellant.
Learned counsel appearing on behalf of the informant also submitted that due to misunderstanding, this case was instituted and now the matter has been resolved and the informant does not want to pursue her case, which is evident from the testimony of the informant recorded during the course of the trial in the SC/ST Case No. 22 / 2022. Let the certified copy of the deposition of the informant as recorded during the course of trial vide SC/ST case No. 22 of 2022 be kept on record. Further it has also been pointed out that on earlier occasion, a joint compromise petition was filed in the concerned court below, which is annexure-2 at page No. 25 of the memo of appeal, which has been duly accepted by the learned counsel appearing on behalf of the informant.
Learned counsel appearing on behalf of the State does not controvert the fact that during the pendency of this case, a compromise has taken place between both the parties, which arose in the wake of the documentation of the landed property between the appellant and the informant Meena Kumari.
Having taken into consideration the aforesaid facts, particularly with respect to the testimony of the informant Meena Kumari as recorded in the court below during the course of trial, it is found that no offence 354,376,511,420,506 of the IPC and under Section 3(1)(r) / 3 of S.C. /S.T. (Prevention of Atrocities) Act are substantiated.
In this view of the matter and having taken into consideration the decision of Hon'ble Apex Court in the case of Hitesh Verma versus State of Uttarakhand reported in (2020) 10 SCC 710 this Court finds it just and proper to enlarge the appellant on bail, who is in jail since 03.08.2022.
3 Cr. Appeal (SJ) No.732 of 2022 Accordingly the appellant Neyaz Ali @ Neyaz Ansari is directed to be enlarged on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the court of Special Judge SC/ST Act cum Additional Session Judge-I Garhwa, in connection with Ramna P.S. Case No. 11 of 2021, subject to the conditions as laid down under Section 439 of Cr.P.C. and further subject to the condition that the appellant will cooperate in the trial in the learned court below and he will appear before the learned court below as and when required by the concerned court below, failing which appropriate order shall be passed by the learned court below.
Accordingly this appeal is allowed and the impugned order dated 07.09.2022 passed by the court of learned Special Judge SC/ST Act cum Additional Session Judge-I Garhwa, in connection with Ramna P.S. Case No. 11 of 2021 dated 11.02.2021 against the appellant is set-aside.
(Navneet Kumar, J.) R.Kumar