Sheikh Javed Hasmi @ Sheikh Zawed Hashmi vs The State Of Bihar on 14 February, 2020

[Cites 12, Cited by 0]

Patna High Court

Sheikh Javed Hasmi @ Sheikh Zawed Hashmi vs The State Of Bihar on 14 February, 2020

Bench: Birendra Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.4754 of 2019
            Arising Out of PS. Case No.-37 Year-2019 Thana- SC/ST District- Gopalganj
     ======================================================
1.    SHEIKH JAVED HASMI @ SHEIKH ZAWED HASHMI, Son of Jamil
      Mian @ Jamil Mina
2.    Sheikh Jiyauddin @ Sheikh Jiwauddin, Son of Sheikh Imamuddin @ Sheikh
      Kudrat Mian @ Kudarat Mian, Both are Resident of Village - Shyampur,
      Amwa, Vijaypur, P.S. - Vishambharpur, Distt - Gopalganj
                                                                 ... ... Appellant/s
                                      Versus
     The State of Bihar
                                                              ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :        Mr. Javed Aslam, Advocate
     For the Respondent/s     :        Mr. Sadanand Paswan, A.P.P.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
     ORAL JUDGMENT
      Date : 14-02-2020


             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 anticipatory bail vide order dated

     24.09.2019

in A.B.P No. 1586 of 2019 passed by the learned 1st Additional Sessions Judge, Gopalganj (Bihar) in connection with Gopalganj SC/ST P.S. Case No. 37 of 2019 registered under Sections 447, 341, 323, 504, 506/34 of the Indian Penal Code as well as Sections 3(1)(r)(s)(g)/3(2)(va) of the SC/ST (POA) Act.

A bare perusal of the FIR reveals that there is accusation of commission of offence of causing hurt to a member of the scheduled caste. As such, the offfence defined under Sections 3(2) Patna High Court CR. APP (SJ) No.4754 of 2019 dt.14-02-2020 2/2 (va) read with the Schedule of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out.

In the circumstance, prayer for anticipatory bail is barred under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Therefore, it cannot be argued that the allegation is in the background of some dispute between the parties from the school days.

Prayer for anticipatory bail is refused.

However, in the event of surrender and on prayer for regular bail by the appellant, the court below shall consider the same without being prejudiced by this order and on its own merit.

(Birendra Kumar, J) Kundan/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          17.02.2020
Transmission Date       17.02.2020

Unlock Advanced Research with PRISMAI

Patna High Court