SURENDRA CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This appeal has been filed against the impugned order of rejection of anticipatory bail dated 01.02.2019 in SC/ST Case No. 80 of 2017 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST (POA) Act, Palamau at Daltonganj, wherein cognizance of offence under Sections 323/341/504/506 and under Section 3(g) SC/ST (POA)Act, now pending in the court of Additional Sessions Judge-I-cum-Special Judge, SC/ST (POA) Act, Palamau at Daltonganj.

(3.) Counsel for the appellants submits that in the instant case cognizance has been taken under Sections 323/341/504/506 of the Indian Penal Code and Section 3(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He further submits that so far as allegation under Indian Penal Code is concerned, the same are bailable in nature and the only hindrance is the allegation under Section 3 1(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Counsel submits that anticipatory bail petition was filed before the learned court below which was rejected vide order dated 01.02.2019. Counsel further submits that he has filed a report of the Circle Officer which indicates that the place of occurrence is government land. Counsel submits that this aspect of the matter has not been properly considered by the learned court below and accordingly the impugned order may be set aside.