Supreme Court Grants Anticipatory Bail To Two Women Accused Of Pelting Stones On JCB Machines During A Demolition Drive

Accordingly, a bench of Justice J.B. Pardiwala and Justice Sandeep Mehta observed, “Having heard the learned counsel appearing for the parties and having gone through the materials on record, we are persuaded to exercise our discretion in favour of the two appellants, keeping in mind that both the appellants are women and hail from an underprivileged class of society”.

AOR Yadav Narender Singh appeared for the appellants and Advocate Rahul Kumar Singh appeared for the respondents.

In the present matter, the two women appellants were alleged of the offences punishable under Sections 143, 332, 353, 506, 336, 427 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act, 1984. Therefore, apprehending arrest they prayed for anticipatory bail before the Sessions Court.

However, the Sessions Court declined to grant them anticipatory bail and the High Court also upheld the order declining the prayer.

It was the case of the prosecution that on the date of the alleged incident, the Government officials had undertaken a demolition drive to remove the encroachment. While the demolition drive was in progress, a mob of people from that locality including the two women appellants were alleged to have pelted stones on the JCB machines and obstructed the Government officials from discharging their duties.

Earlier, when the matter was taken up for hearing for the first time, and on that day notice was issued and interim protection was also granted to the two appellants.

Consequentially, the bench observed, “In such circumstances, we allow this appeal. The impugned order passed by the High Court is set aside. We direct both the appellants to appear before the Investigating Officer within a period of one week from today”.

Appearance:

Appellants: AOR Yadav Narender Singh, Advocates Manu Prakash Upadhaya, Jagdish Parshad, Mayank Kumar Singh

Respondents: AOR Pragati Neekhra, Advocates Rahul Kumar, Kavita Bhardwaj, Shubham Sethi, Vishesh Kumar

Cause Title: Koyli Devi & Anr. v. The State Of Rajasthan