The High Court of Jharkhand released the petitioner on bail in a dacoity case. The court noted the petitioner had been previously acquitted in a related trial and directed release upon furnishing a bail bond with sureties.
Petitioner directed to be released on bail by furnishing bond of Rs. 10,000 with two sureties.
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.4151 of 2016
Sadik Ansari @ Sadique Ansari @ Md. Sadika ..... Petitioner
Versus
The State of Jharkhand
…. Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : A. P.P. -----
3/19.08.2016 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner has been made accused for the offence under Section 395 of the Indian Penal Code, in connection with Mango (Olidih) P.S. Case No.105 of 2013, corresponding to G.R. No.683 of 2013, S.T. No.149 of 2014.
The case relates to road dacoity and the case was instituted against unknown, in which the driver and the khalasi of a truck were robbed. In view of the fact that the impugned order showed that soon after the occurrence, the tempo, on which the miscreants were fleeing away, was chased and the tempo met with accident and the petitioner was apprehended, earlier the bail application of this petitioner was rejected on merits by order dated 06.05.2014 in B.A. No1710 of 2014.
Learned counsel for the petitioner has renewed the prayer for bail submitting that after apprehension of the petitioner, another case was also instituted on the same day for the offence under Sections 395 and 412 of the IPC, in which the petitioner had faced the trial and has been acquitted after trial. The Judgment of the Trial Court has been brought on record.
In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Sadik Ansari @ Sadique Ansari @ Md. Sadika 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 Additional Sessions Judge–V, Jamshedpur, in connection with Mango (Olidih) P.S. Case No.105 of 2013, corresponding to G.R. No.683 of 2013, S.T. No.149 of 2014.
(H. C. Mishra, J)
R.Kumar
1 issue framed by the court
Whether the petitioner should be released on bail in an offence of dacoity under Section 395 IPC where he was previously acquitted in a related trial.
1 provisions across 1 enactments
Sadik Ansari @ Sadique Ansari @ Md. Sadika
The State of Jharkhand
H.C. MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
