Retrial court granted bail to a violation-prone accused after six months of custody, insisting on physical presence and ensuring one surety owns landed property locally.
Released on bail with bond of Rs.20,000 and two sureties of similar amount; condition of physical presence imposed; one surety must own landed property.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8509 of 2014
Pappu @ Yogendra Rajwar ... ... Petitioner -V e r s u s - The State of Jharkhand ... ... Opposite Party
CORAM: - HON’BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner :Mr. A.K. Chaturvedi, Advocate. For the State : APP .
07/09.03.2015 Heard the parties.
This is a case of misuse of privilege of bail. On 18.02.2012 the petitioner was directed to remain physically present but he did not comply the order, as a result the bail was cancelled and warrant of arrest against him has been directed to be issued. When he did not appear, processes has been issued and lastly he has been declared absconder and permanent warrant of arrest has been issued. He has been arrested and forwarded to jail custody on 28.07.2014.
It is submitted that petitioner has sufficiently been punished by remanding in jail for more than six months. The petitioner undertakes to appear as and when directed.
Counsel for the State has opposed the prayer.
Considering period of detention of the petitioner abovenamed in jail custody, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand), with two sureties of the like amount each, to the satisfaction of Additional Sessions Judge – II, Garhwa in connection with S.T. No. 86/2012 with a condition that he shall remain physically present as and when directed by the Court concerned and one of the bailer must be a person having landed property within the jurisdiction of the Court and he shall produce his Identity Card and documents at the time of furnishing bail bond.
(D. N. Upadhyay, J.)
RC
2 issues framed by the court
Whether a bail prisoner can be released on bail after violation of physical presence order and subsequent re-arrest.
Grants of bail on condition of physical presence with monetary bond and sureties after remand in custody.
Pappu @ Yogendra Rajwar
The State of Jharkhand
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
