The High Court of Jharkhand rejected the bail application of Santosh Kharwar, an accused in Manika P.S. case No. 121 of 2014, invoking the Arms Act, CLA Act, and UAPA based on recovery of incriminating articles.
Prayer for bail rejected; petitioner not enlarged on bail.
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
B. A. No. 2728 of 2015
Santosh Kharwar @ Santosh Ji @ Shantu ...… Petitioner Versus The State of Jharkhand ...… Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Jitendra S. Singh, Advocate. Mr. Raja Ravi Shekhar Singh, Advocate For the State : A.P.P. ------
3/07.07.2015 Heard learned counsel for the petitioner and learned counsel for
the State.
The petitioner has been made accused in connection with Manika P.S case No. 121 of 2014 corresponding to G.R No.924 of 2014, for the offence under Sections 25 (1-B)(a), 26 of the Arms Act, Section 17 of the CLA Act and Sections 10, 13, 19 of Unlawful Activities (Prevention) Act.
From the F.I.R, it appears that the petitioner being a member of extremists group, was apprehended by the police on 14.12.2014 and from the possession of the petitioner, a bag containing 25 cartridges, cash and the naxal receipts for realising levy, and other incriminating articles, were recovered.
In the facts and circumstances of the case, I am not inclined to enlarge the petitioner, Santosh Kharwar @ Santosh Ji @ Shantu, on bail. Accordingly, his prayer for bail is hereby rejected.
( H. C. Mishra, J.)
BS/
1 issue framed by the court
Whether the petitioner, a member of an extremist group holding arms and receipts for levy, should be granted bail.
3 provisions across 3 enactments
Santosh Kharwar @ Santosh Ji @ Shantu
The State of Jharkhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
