Badri Sah @ Badri Saw @ Badri Nayak And Ors vs State Of Jharkhand And Ors

Heard, learned counsel for the appellants Mr. Vijay Kumar Roy and learned counsel for the State Mr. Praveen Kumar Appu, Additional Public Prosecutor.

At the very outset, learned counsel for the appellants has submitted that he may be permitted to make necessary correction in application regarding the provision of law.

Permission is granted.

Learned counsel for the appellants is directed to make necessary correction within 30 days after the lock down period is over as the country is passing through pandemic disease (COVID-19).

Office shall place the file before learned Joint Registrar (Judicial) after 30 days after lock down period is over for compliance of the order passed by this Court.

The appellants have filed the instant appeal against the order dated 03.02.2020 in connection with Complaint (SC/ST) Case No. 58 of 2017 under Sections 341 / 323 / 452 / 330 / 354B of the Indian Penal Code and Section 3 / 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Learned counsel for the appellants has submitted that appellant no. 1 namely, Badri Sah is aged about 94 years and appellant no. 2 namely, Most. Shanti, daughter of appellant no. 1, is aged about 74 years and they are in custody since 29.01.2020.

Learned counsel for the appellants has submitted that the appellants are taken into custody in connection with Complaint (SC/ST) Case No. 58 of 2017, in which cognizance of the offence has been taken on 11.01.2019 under Sections 323 / 354 (B) of the I.P.C. and Section 3 (R) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and prior to that, appellants' side has already filed several cases against the informant side i.e. (i) Bagodar P.S. Case No. 154 of 2015 (ii) Complaint Case No. 1846 of 2017 and Complaint Case No. 412 of 2018 apart from Civil Suit No. 24 of 2018. As such, the appellants may be enlarged on bail as prayer for anticipatory bail of the appellants was earlier rejected by Coordinate Bench of this Court on 21.11.2019 passed in Cr. Appeal (S.J.) No. 699 of 2019 and for modification of the period of surrender, the appellants have filed Cr.M.P. No. 4268 of 2019, which was disposed of on 24.01.2020. As such, the appellants have complied the previous orders by surrendering. As such, the appellants may be enlarged on bail considering the litigating terms between the parties.

Learned counsel for the State Mr. Praveen Kumar Appu has opposed the prayer for bail and has submitted that age cannot be considered for grant of bail to the accused. As such, the appellants may not be enlarged on bail.

After hearing learned counsel for the parties and perused the materials brought on record, it appears that appellants are in custody since 29.01.2020 and several cases are pending between the parties as stated above both criminal as well as civil. Considering the litigating terms between the parties, the appellants deserve to be enlarged on bail as they are in custody since 29.01.2020.

Thus, the impugned order dated 03.02.2020 passed in M.C.A. No. 161 of 2020 in connection with SC/ST (Complaint) Case No. 58/2017 is set aside. The appeal is allowed.

As the country is presently passing through a pandemic disease (COVID-19), as such, the appellants be released on following conditions:

(i) The appellants be released on bail on personal bond of Rs. 5,000/- (Five Thousand) each in connection with Complaint (SC/ST) Case No. 58 of 2017 to the satisfaction of learned Special Judge, SC/ST Act, Giridih.

(ii) As soon as the lock down period is over, the appellants shall furnish two bailers / sureties of the amount of Rs. 20,000/- (Rupees Twenty Thousand) each within a period of 30 days before the learned trial court.

(iii) The Jail Authority shall ensure medical examination of the appellants at the time of release due to pandemic disease (COVID-19).

(iv) At the time of release, the Civil Surgeon, Giridih is directed to medically examine the appellant and if requires, appellants shall be taken for quarantine, but if no such requirement is there, they shall be released on bail with aforesaid conditions by the trial court.