In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Applicant has been arrested on 12.1.2020 by Police Station Pahadgarh district Morena in connection with Crime No.133 of 2019 registered in relation to the offence punishable u/S.326, 147, 148, 149, 336, 323, 324, 325, 294 and 506 of IPC.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the State : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barauni (Refinery) PS Case No. 521 of 2018 dated 06.11.2018 instituted under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyanpur PS Case No. 80 of 2019 dated 27.04.2019 instituted under Sections 272 and 273/34 of the Indian Penal Code and 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

... ... Appellant Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.

3. The Principal Secretary, Primary and Secondary Education, New Secretariat, Patna.

4. The Regional Deputy Director, Tirhut Division, Muzaffarpur.

5. The District Magistrate, Sitamarhi.

6. The District Education Officer, Sitamarhi, District- Sitamarhi.

... ... Respondents ====================================================== Appearance :

1. The appeal is directed against judgment dated 27.5.2017 passed by Additional Sessions Judge (FTC), Bastar at Jagdalpur/ Special Judge under the Protection of Children From Sexual Offences Act, 2012 (for short 'the Act 2012'), in Special Session Trial No.02/2017 wherein the said Court convicted appellant for commission of offence under Section 376(2)(i) of the Indian Penal Code, 1860 and under Section 4 of the Act 2012 and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine 2 of Rs.1000/- and RI for 07 years and to pay fine of 1000/- respectively with default stipulation.

2. As per the version of the prosecution, the date of incident is 16.01.2017. Prosecutrix is PW-6 who is aged about 04 years. Said prosecutrix complained of pain to her mother on which her mother examined her private parts and found redness and swelling. On enquiry the prosecutrix intimated her mother that the appellant after putting soap inserted his finger in her private part. The matter was reported and investigated. The appellant was charge sheeted and convicted as mentioned above.

1. The appeal is directed against judgment dated 06.4.2010 passed by Sessions Judge Raipur in Session Trial No.161/2008 wherein the said Court convicted appellant for commission of offence under Section 304 Part-II of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 05 years and to pay fine of Rs.1000/- with default stipulation.

2. In the present case, name of the deceased is Kalu @ Tarun Bagh. As per the version of the prosecution, on 11.6.2008 at 2 noon, the appellant and the deceased were drinking liquor in the house of the appellant. During the course of drinking, a dispute arose regarding daughter of the appellant namely Suman. On this dispute, the appellant and other persons assaulted the deceased and the appellant sat on the chest of the deceased and pressed his neck due to which the deceased become unconscious. He was taken to hospital but succumbed to the injuries. The matter was reported, investigated and the appellant was charge sheeted and convicted as mentioned above.

1. "Whether Mr. Maghesh Kumar Singh was posted by NTPC Ltd to Meja Urja Nigam Pvt. Ltd at Corporate office, Allahabad and site office Meja.

2. Whether he suffered a finger crush injury on 26-10-2013 while living in Meja Srijan Vihar Township. If yes, name of the hospital he was admitted to and surgery performed may be furnished.

3. Whether he filed a personal accident claim form in this regard. If yes; the amount for which it was sanctioned and the payment transaction details may kindly be furnished.

Page 1 of 8

4. If the above mentioned claim remains pending since 2013, reason for the same may be intimated. If any official found negligent, the action taken against him may also be intimated."

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 10.05.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 21.05.2019, which was decided by the FAA vide order dated 04.06.2019, reiterating the stance taken by the PIO. Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference.

The Appellant participated in the hearing on being contacted on his telephone number: 89xxxxx145 and reiterated facts of his case. He has sought the information since he wants to join the service and wants to ensure whether the quota-wise benefit was granted. Decision:

The petitioner has already made a representation vide Annexure P-3. The competent authority is directed to decide the representation within a period of one week from today by passing a speaking/detailed order and also by taking into consideration all the pleas raised in the writ petition.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:40:15 :::

Learned counsel for the petitioners inter alia contends that no specific role has been attributed to the petitioners. In fact, it is a case of version and cross version, wherein, both the parties received injuries. Initially, the FIR was registered under Sections 324, 323, 148, 149 IPC and it was after a period of 3½ months from the date of occurrence, an offence under Sections 326 IPC was added.

It has been further submitted that petitioner No.1 - Jarnail Singh, who was alleged to have been armed with Kapa has been attributed a simple injury. Petitioner No.2 - Jaspal Singh @ Jagpal Singh, who was alleged to be armed with a dang, too was attributed a blunt simple injury.

The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case in hand. The petitioner, who is the husband of the deceased had been married for almost 15 years and no complaint whatsoever was ever lodged against the petitioner by the complainant prior to the occurrence in hand. It has further been contended that all the material witnesses including the complainant did not support the case of the prosecution and were declared hostile before the trial Court.

The learned State counsel on the other hand has vehemently opposed the grant of concession of regular bail to the petitioner by contending that there are serious and specific allegations against the petitioner, who is none other than the husband of the deceased. He, 1 of 2 ::: Downloaded on - 08-05-2020 21:14:39 ::: CRM-M-44316-2019 [ 2 ] however, has not been able to controvert the submissions made by learned counsel for the petitioner that the complainant and other material witnesses did not support the case of the prosecution during trial and were declared hostile by the trial court.

The learned counsel for the petitioners contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioners. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioners innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioners having been falsely implicated in the instant case. It has been thus prayed that the petitioners be granted the concession of regular bail as they have been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioners was found to be blunt in nature.

The learned counsel for the petitioner contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioner. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioner and his sons innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioner having been falsely implicated in the instant case. It has been thus prayed that the petitioner be granted the concession of regular bail as he has been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioner was found to be blunt in nature.

And In the matter of : Sonu Singh & Anr.

... Petitioners Mr. Arka Chakraborty .. for the Petitioners Mr. Neguive Ahmed ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

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