JUDGEMENT
ANANT BIJAY SINGH,J. -
(1.) The sole appellant has preferred this appeal under section 14 A of the SC/ST (Prevention of Atrocities) Act being aggrieved by the order dated 15.04.2017 passed by the Special Judge, Dumka in Special Case No. 02/2017, arising out of Dumka (T) P.S. Case No. 261 of 2016, corresponding to G.R. No. 1291 of 2016 whereby the prayer for bail of the appellant was rejected.
It appears that under order dated 14.06.2017, the appellant was granted provisional bail till 28.08.2017. Further, under order dated 14.06.2017, the informant Subhadra Devi was added as O.P. NO. 2 and her daugher Pushpa Devi was added as respondent no. 3 and notices were directed to be issued upon them and the parties were directed to remain physically present before this Court. Thereafter, this case was listed for 08.08.2017.
(2.) On 08.08.2017, despite valid service of notice upon respondent nos. 2 & 3 have not appeared and the matter was listed for 18.09.2017 and provisional bail was extended till 09.10.2017 .
Further, under order dated 18.09.2017, learned counsel for the appellant was directed to file supplementary affidavit, brining on record about the latest status of the case and as to whether final form has been submitted and /or charge has been framed or not and physical appearance of the parties was dispensed. Thereafter the matter weas listed for 07.11.2017 and provisional bail was extended till 17.11.2017.
(3.) On 07.11.2017 supplementary affidavit has been filed but respondent no. 2 has failed to appear. Thereafter, this case was listed for 13.11.2017 further under order dated 13.11.2017 provisional bail was extended for 18.12.2017. Thereafter this case was listed for 13.12.2017 and under order dated 13.12.2017, the appellant was directed to surrender before the court below i.e. Learned Special Judge, Dumka in Special Case No. 02 of 2017 and counsel for the appellant was directed to file surrender certificate and to take instruction as to whether charge has been framed or not. Thereafter this case was listed for today.
Today, when the case is called out, learned counsel for the appellant has submitted that the appellant has surrendered before the trial court and a joint compromise petition has been filed but the charge has not been framed. ;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.