An application for anticipatory bail was dismissed by the High Court of Jharkhand on 07/07/2014. The court declined to entertain the petition but clarified that further bail applications would be decided on merits without prejudice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5264 of 2013
Gopal Mahto ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Nawal K. Pandey, Advocate For the State : A.P.P.
05/07.07.2014 Heard the learned counsel appearing for the parties and perused the documents on record.
The learned counsel appearing for the applicant submits that, the applicant is apprehending his arrest in connection with Nawadih P. S. Case No. 117 of 2013, corresponding to G.R. No. 1183 of 2013, registered under Sections 413/ 414/120B/34 of the Indian Penal Code and under Section 33 of the Indian Forest Act.
The learned counsel appearing for the applicant submits that, the applicant has no previous criminal antecedent and this fact has been noticed by the learned Trial Court. Only because his name has been disclosed by one Khushi Mahto, he has been named in the F.I.R. The applicant is the co-villager of Khushi Mahto and he is an agriculturist.
The learned A.P.P. appearing for the State opposes the prayer for grant of anticipatory bail and submits that 28 tonnes of coal was seized and the person arrested from the place of occurrence has named the present applicant.
In view of the aforesaid, I am not inclined to entertain this application and accordingly, it is dismissed.
However, it is made clear that since this Court has not expressed any opinion on the merit of the case, when the applicant moves an application seeking grant of regular bail, it would be decided on its own merit without being prejudiced by dismissal of the present application.
Let a copy of this order be sent through 'FAX' to the
concerned trial court.
(Shree Chandrashekhar, J.)
Satyarthi/-
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in case of arrest apprehension under multiple IPC and Forest Act sections.
Gopal Mahto
The State of Jharkhand
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
