Allowed

Birsa Munda and Anr. v. The State Of Jharkhand

Jharkhand HC10 Oct 2014Cr.Rev./312/2014

Case brief

AI extract

What is this about?

This criminal revision allowed a petition seeking bail for two petitioners held in custody since December 2012. The High Court ordered release on bail subject to bond and undertaking by a sister, noting a co-accused had been acquitted.

What did the court decide?

The petitioners are directed to be released on bail on furnishing bonds of Rs. 10,000 each with two sureties and a sister's undertaking.

Birsa Munda and Anr. Vs The State Of Jharkhand — Bail and Remand | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 312 of 2014

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Birsa Munda 2. Jaga Munda …… Petitioners Versus The State of Jharkhand …… Opposite Party

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Petitioners : Mr. K.P. Deo, Advocate Mr. Md. Shahid Anshari, Advocate For the State : A.P.P. ---------

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07/Dated: 10/10/ 2014

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The instant Criminal Revision Application has been preferred against the order dated 30.09.2013 passed in Criminal Appeal No. 207 of 2013, whereby the bail of the petitioners has been rejected.

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Heard learned counsel for the petitioners and learned counsel for the

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State.

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Learned counsel for the petitioners has submitted that the petitioners have remained in custody since 23.12.2012. It has further been submitted that the learned Board as well as the appellate court has rejected the prayer for bail of the petitioners without calling of the Social Investigation Report; that co-accused who was armed with tangi and lathi had been acquitted in S.T. No. 681 of 2013 and other co-accused Johan Sanga has been granted bail ; as there was no adverse remark against the petitioners in the Social Investigation Report. It has been submitted that the elder sister of the petitioners are willing to give an undertaking that she shall ensure the good behaviour and well being of the petitioners.

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Learned A.P.P while opposing the prayer for bail but he has not controverted the fact that the other co-accused had been acquitted.

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Regard being had to the facts and circumstances of the case and considering the period of custody of the petitioners they are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Dumerdaga, Ranchi in connection with Khunti P.S. Case No. 164 of 2012 corresponding to G.R. No. 449 of 2012 on the condition that one of the bailors shall be sister and close relative who shall give and undertaking to produce the petitioners before the Board and Probation Officer as and when directed by the Board till conclusion of the enquiry.

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Accordingly, this revision application is, hereby allowed.

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(Amitav K. Gupta, J.)

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Satayendra/-

Birsa Munda and Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Birsa Munda and Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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