The High Court of Jharkhand admitted the petitioner on bail in a criminal trial. The court observed the petitioner had been in custody since October 2015 and framed charges, relying on legal principles.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000/- with two sureties, one of whom must be a relative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1480 of 2016
Amrendra Kumar Sinha ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioner : Mr. Pratiush Lala, Advocate For the State : Mr. Pankaj Kumar, A.P.P.
---------
09/Dated: 12th August, 2016
Perused the office note dated 11.08.2016, it appears that I.A. No. 4219 of 2016 has been placed under the heading “For Orders” with a prayer to recall the second last para of order dated 29.06.2016 passed in B.A. No. 1480 of 2016.
2. It appears that on 29.06.2016, the case was adjourned to enable learned counsel for the petitioner for getting the charges framed in this case, although submission was made by the learned counsel for the petitioner that he has not been informed that charges have already been framed in this case, way back in March, 2016.
3. Today, when the case is called out along with I.A., the petitioner has filed order dated 16.03.2016 of the learned C.J.M., Ranchi, whereby charges under Sections 409 & 420 of the I.P.C. have been framed against this petitioner.
4. So, taking all these facts and also keeping in view that petitioner is in custody since 30.10.2015 and the trial will take some time, and also in view of the judgment of the Hon'ble Supreme Court passed in the case of Sanjay Chandra V. C.B.I. reported in (2012) 1 SCC 40 , I am inclined to admit the petitioner, above named on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Ranchi, in connection with Kotwali P.S. Case No. 161 of 2015, corresponding to G.R. No. 1176 of 2015 subject to the condition that one of the bailers shall be relative of the petitioner.
5. Further petitioner is directed to cooperate in the trial and if he tries to influence, induce or coerce the witnesses including the opposite party no. 2, it is open for the opposite party no. 2 to file application for cancellation of bail of the petitioner through learned APP.
6. I.A. No. 4219 of 2016 stands disposed of.
7. Let a copy of the order be sent to the court below.
(Anant Bijay Singh, J.)
Sunil/-
1 issue framed by the court
Whether the petitioner should be admitted on bail considering he has been in custody since 30.10.2015 and the trial will take some time.
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Sanjay Chandra Vs. C.B.I.Referred¶8
Sanjay Chandra V. C.B.I. reported in (2012) 1 SCC 40 · Who else cites this
Amrendra Kumar Sinha
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
