Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 744 of 2024
…. Shanti Devi aged about 45 years, Wife of Rajendra Sahu, Resident of Village: Tati Dumar Toli, P.O. & P.S. Kuru, District- Lohardaga.
……Appellant
Versus
1. The State of Jharkhand.
2. Bhuglu Oraon, Son of Late Khadiya Oraon, Resident of Village: Tati Dumar Toli, P.O. & P.S. Kuru, District- Lohardaga.
……Respondents
With Cr. Appeal (S.J) No. 751 of 2024
….
Rajendra Sahu aged about – 48 years, Son of Balkishun Sahu, Resident of Village: Tati Dumar Toli, P.O. & P.S. Kuru, District- Lohardaga.
……Appellant
Versus
1. The State of Jharkhand.
2. Bhuglu Oraon, Son of Late Khadiya Oraon, Resident of Village: Tati Dumar Toli, P.O. & P.S. Kuru, District- Lohardaga.
……Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Ritesh Kumar, Advocate
For the State : Mr. Shiv Shankar Kumar, APP
Mr. Shree Prakash Jha, APP
For the Informant : Mr. Rajesh Kumar, Advocate
……
07/15.01.2026 Since both the Criminal Appeals arise out of the same impugned judgment, they are taken up together and are being
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disposed of by this common order who are apprehending their arrest in connection with SC/ST Case No. 07 of 2023, arising out of Lohardaga P.S. Case No. 07 of 2023 for the offence under Sections 420 and 467 of IPC and 3/4 SC/ST Act.
2. As per the prosecution case is in brief is that land bearing to R.S. Khata No. 112, Plot No. 1140 of village: Tati Dumar Toli, Kuru belonged to the Complainant-Informant and the nature of land was tribal land. On 13.06.2022 accused persons namely Rajendra Sahu and Smt. Shanti Devi deluded the Complainant- Informant on pretext of providing of new well from government scheme and accused persons Rajendra Sahu and Smt. Shanti Devi ushered the Complainant-Informant to Lohardaga and rouged the Complainant-Informant by getting a Raiyati Patta executed by Complainant-Informant after depicting consideration amount as Rs. 11,00,00/-.Thereafter they provided Rs. 80,000/- to the complainant. Accused persons Rajendra Sahu and Smt. Shanti Devi started lying foundation over said land of the complainant to which complainant objected and then accused persons abused them by passing castiests remarks. On 28.08.2022 a meeting was also convened in the Panchayat in which complainant returned Rs. 80,000/- to the accused persons but the accused persons were adamant to construct the building over the said land of the complainant. In this connection a proceeding was also drawn u/s 144 Cr.P.C. before SDO, Lohardaga. Then the matter was reported to Police Station. It has been alleged that the accused persons had conspired to grab the land of the Complainant-Informant.
3. At the outset, learned counsel for the appellants has submitted that the case has been compromised between the parties and the appellants have paid the entire amount of Rs.3,20,000/- to
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the respondent no.2.
4. It is submitted that the compromise has taken place before JHALSA and as such the appellants may be enlarged on anticipatory bail.
5. Learned APPs for the State have raised no objection.
6.
Learned counsel for the Informant, after adopting the
submissions of the learned APPs, has also admitted the factum of compromise and submitted that the case has been compromised between the appellants and the respondent no.2.
7. The appellants have also paid Rs. 3,20,000/- to the bank account of the respondent no.2 by way of PhonePe on different dates Rs. 50,000/- (Rs. Fifty Thousand) dated 11.11.2025, Rs. 1,00,000/- (Rs. One Lakh) dated 24.12.2025, Rs.20,000/- (Rs. Twenty Thousand), Rs.50,000/- (Rs. Fifty Thousand) dated 09.11.2025, Rs.4,995/- (Rs.Four Thousand Nine Hundred Ninety Five) dated 08.11.2025, Rs.25,000/- (Rs. Twenty Five Thousand) dated 08.11.2025, Rs.70,000/- (Rs. Seventy Thousand) dated 27.12.2025 in the account of Kishor Oraon, the brother of the Informant.
8.
Learned counsel for the parties have produced the photo copy of payment of Rs.3,20,000/- in the bank account of Kishor Oraon, the brother of the Informant namely, Bhuglu Oraon. 9. It appears that the case between the appellants and the respondent no.2 is of civil dispute. 10. It transpires that the settlement was made before JHALSA, on 14.09.2025 between the Appellant and the Respondent No.2 which read as follows:
“Dated: 14.09.2025
The above matters were sent by the Hon’ble
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High Court, Jharkhand by order dated 6th August, 2025 for amicable settlement by mediation with a direction that the outcome should be sent to the Hon’ble High Court on or before 19.09.2025. The matter was heard on 20.08.2025 in which Appellants only appeared. On 23.08.2025 & 25.08.2025 with parties appeared. Today both parties appeared. Respondent and Appellant agreed to resolve their dispute regarding land & others on the condition that the Appellants together shall pay Rs.3.20 lakhs to the Respondent No.2 Bhuglu Oraon. That Bhuglu Oraon alongwith his brother shall have no objection to the land namely Khata No.144, Plot No. 1213 area 6.5 Decimal. On which the Appellants had been living and constructing house. That the Respondent shall not demand any other money regarding the said land nor their brother shall object or demand any further money. That the Appellant shall enjoy the said land and construct house on which Respondent shall have no right. That the Respondent shall drop all or any proceeding related to the instant matter pending in the Courts. The Appellants together shall pay the amount to Respondent as follows:
1st Installment -30th December 2025 -Rs.64,000/-
2nd Installment -30th March 2026- Rs.64,000/-
3rd Installment -30th June 2026- Rs.64,000/-
4th Installment -30th September 2026 - Rs.64,000/-
5th Installment -30th December 2026 - Rs.64,000/-
Final
Total
Rs.3,20,000/-
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That both parties agreed on above terms to drop all the proceeding pending in the Court & live happily as good neighbours considering their good relations for 3 generations spanning a period of nearly 80 years. Appellants shall do cashing of slab after payment of Rs. 3.20 lakhs.”
11. In view of the above and also in view of the compromise arrived at between the parties, the order dated 30.08.2024 passed by the learned Additional Sessions Judge-I-cum-Spl.
Judge SC/ST Act, Lohardaga in connection with SC/ST Case No. 07 of 2023, arising out of Lohardaga P.S. Case No. 07 of 2023 is, hereby, set aside. 12. Considering the above, the appellants are directed to surrender before the learned Court below within six (06) weeks from today and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Lohardaga or his Successor Court in connection with SC/ST Case No. 07 of 2023. 13. Cr. Appeal (SJ) No. 744 of 2024 and Cr. Appeal (SJ) No. 751 of 2024 are allowed. 14. Let a copy of this order be also sent to the Learned Court below. (Sanjay Prasad, J.)
Dated: 15.01.2026
RKM/