In a bail application filed under Sections 386, 387 IPC and Arms Act, the High Court of Jharkhand rejected the prayer due to the recovery of a large cache of arms from the petitioner's possession and directed the trial court to expedite the trial.
The prayer for bail is rejected. The trial court is directed to expedite the trial.
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.1447 of 2016
---- Radhe Mahto …Petitioner. Versus State of Jharkhand …Opp.Party --------CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : M/s. S.P.Mahto, Advocate. For the State : APP. ---------
04/08.08.2016 The petitioner is an accused for the offence registered under Sections 386,387 IPC, Sections 25(1-B)a/26/35 of the Arms Act and Section 17 of the C.L.A Act.
Learned counsel for the petitioner has submitted that petitioner has been falsely implicated. That it would be evident from F.I.R that on secret information the police has raided the house of the petitioner but nothing was recovered from his possession and petitioner has no concern with the arms which were recovered.
Learned A.P.P. has opposed the prayer and submitted that it would be evident that one carbine, country made carbine, two magazines of carbine, one country made pistol, 10 cartridges of carbine and mobile sets were recovered from the possession of the petitioner and the petitioner could not produce any document with respect to the same.
Heard. Considering the fact that huge cache of arms were recovered from the possession of the petitioner, I am not inclined to enlarge the petitioner on bail.
Accordingly, the prayer for bail of the
petitioner is hereby rejected.
The trial court is directed to expedite the trial. If the trial is not concluded by June, 2017 the petitioner is at liberty to renew his prayer in the court below.
(Amitav K. Gupta, J.)
Biswas.
2 issues framed by the court
Whether the prayer for bail be allowed or rejected尽管 a big cache of arms were recovered from the petitioner's possession.
Whether the trial court should be directed to expedite the trial.
3 provisions across 3 enactments
Radhe Mahto
State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
