Jharkhand High Court prescribes social service by accused as a mandatory condition to grant bail

Jharkhand High Court: In a recent case before the High Court, it granted provisional bail to six persons accused for attacking a marriage party and  charged under Sections 147/148/149/323/324/307/427/295/120B IPC. The application was opposed by the petitioners for the reason that due to the attack, a five year old girl had suffered grievous injuries besides seven other persons.

It was informed and admitted before the Court that reason of attack was there was case and counter-case between people of two communities and in the instant case, there were reports about destruction of property as well including the religious places. The petitioners placed before the Court certain facts about their life like educational qualifications, source of income, medical problems etc. which the Court took account of as mitigating circumstances. It was contended by them that there was no specific overt act attributed to any of them. The Court was also apprised of the fact that now, to restore peace and harmony amongst both the communities Peace Committee has been constituted at the instance of the local administration.

Taking into account various facts and contentions of both the parties, the Bench of Chandrashekhar, J. directed that the accused be released on bail on the condition they report to superintendent of RIMS Ranchi on October 3 and November 6 for social service and other necessary conditions. The Court observed that social service by the accused would not only be fruitful in normalizing the tussling situation between the communities, but would give solace to the victims. [Imitiyaz Ansari v. State of Jharkhand, 2017 SCC OnLine Jhar 1803, decided on 4.08.2017]

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