Nelson Cherwa v. The State Of Jharkhand
Case brief
What is this about?
In a bail petition, the High Court of Jharkhand directed the petitioner's release on bail. The petitioner was an accused in a case involving the IPC, Arms Act, CLA Act based on co-accused disclosure. The court ordered release upon filing a bond of Rs. 10,000 with two sureties.
What did the court decide?
The petitioner was directed to be released on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2241 of 2014
Nelson Cherwa........... Petitioner Versus State of Jharkhand …….... Opp. Party
Coram: Hon’ble Mr. Justice R.R.Prasad …… For the Petitioner : Mr. M.K.Dey, Sr. Advocate For the State : Mr. APP .......
2./09.04.2014 Heard the parties.
The petitioner is an accused in a case registered as Jeraikela P.S. Case No. 07 of 2011 (G.R. No. 230/2011), under Sections 121, 121A,122,120B, 386,387, 34 IPC, Section 3/ 4 of the Explosive Substance Act, Sections 25(1-B)A , 25, (A), 26, 35 of the Arms Act and Section 17 CLA Act.
Learned senior counsel appearing for the petitioner submits that only upon disclosure being made by the co-accused, this petitioner has been made accuse in a case registered under various Sections of the Indian Penal Code, Arms Act and also under Section 17 CLA Act and, as such, no legal evidence is there against the petitioner and moreover, the person, who had been apprehended at the spot, has been admitted to bail.
Regard being had to the facts and circumstances, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Porahat at Chaibasa, in connection with Jeraikela P.S. Case No. 07 of 2011 (G.R. No. 230/2011).
Issues for consideration
1 issue framed by the court
Whether the petitioner, who was a co-accused and had been apprehended at the spot, qualifies for bail release upon the disclosure by a co-accused.
Parties & counsel
- petitioner
Nelson Cherwa
- respondent
State of Jharkhand
Coram
R.R. Prasad
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · April
- Registered
- Case no.
- B.A./2241/2014
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