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Judgment
Mr. Anant Bijay Singh, J.—The L.C.R has been received.
Under order dated 13.12.2016, an explanation was called for from learned Sessions Judge, Latehar as to why the proceeding be not initiated for non-submission of the L.C.R.
It appears that the aforesaid order was communicated to the learned Sessions Judge, Latehar vide Memo No. 29695 dated 17.12.2016. Further, it appears that instead of submitting an explanation personally regarding non-submission of the L.C.R and initiation of the proceeding, learned Sessions Judge has only forwarded the letter of the Head Clerk, Sessions Clerk and also Judge I/C dated 20.12.2016 in which they have stated that no letter or requisition for calling the L.C.R of S.T. No. 158/2013 has been received either by FAX or by post.
Prima facie, it appears that the conduct of learned Principal District and Sessions Judge, Latehar amounts to civil contempt in terms of the provisions of Section 16 of the Contempt of Courts Act, 1971.
Let fresh show cause notice be issued to learned Sessions Judge, Latehar as to why contempt proceeding be not initiated against him in terms of the aforesaid provisions for wilful disobedience of the order of this Court and not submitting personal explanation. The explanation must be received within six weeks.
I.A.(Cr.) No. 5181/2016.
In this application, the appellant has prayed for bail, during pendency of this appeal. PW.1(victim) was examined and in her evidence, she has stated that she has not sustained any injury. The appellant is in custody for one year and eight months. Presently the appeal of the year 2003-04 is being taken up for hearing and there is no likelihood of the appeal being taken up for hearing in near future.
Having considered the facts and circumstances of the case, during pendency of this appeal, the above named appellant is directed to be released on bail on furnishing bail-bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Latehar in connection with S.T. No. 158/2013, subject to the condition that the appellant shall deposit Rs.5,000/- in the Trial Court on the date of furnishing his bail-bond, by way of ad interim compensation to the victim. On deposit of the aforesaid amount, the Trial Court shall issue notice to PW.1-Annu Kumari, D/o Muneshwar Bhuinya, R/o Village-Sasang, P.S-Latehar, District-Latehar and after her appearance and proper verification, shall release the aforesaid amount in her favour. The Trial Court is further directed to frame a scheme in coordination with the District Legal Services Authority for rehabilitation of the victim, within twelve weeks and submit a report to this Court.
Put up this case after six weeks.
I.A.(Cr.) No. 5181/2016 stands disposed of.