In bail matter, High Court enlarged petitioner on bail after counsel submitted he was not named in FIR though arrested earlier. Court directed furnishing of bond and sureties.
Petitioner directed to be enlarged on bail by furnishing bond of Rs.10,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
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B.A.No.8154 of 2016
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Sita Ram Manjhi .. Petitioner.
Versus
State of Jharkhand ….Opp.Party.
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CORAM: HON'BLE MR.JUSTICE AMITAV K.GUPT A
-For the Petitioner : M/s.M.K.Sinha(2),Advocate. For the State : APP.
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05/03.10.2016 Since the learned counsel for the petitioner has filed the photocopy of the certified copy of the order-sheet dated 19.09.2016 as well as 11.08.2016 regarding framing of the charge by the trial court.
Let it be kept on record and the defect pointed out by the
office is hereby ignored.
The petitioner is an accused for the offence registered under Sections 147,148,149,353,307,427 IPC, Section ¾ of the Explosive Substance Act and Section 17(1)(ii) of C.L.A Act.
Learned counsel for the petitioner has submitted that petitioner is not named in the F.I.R. That the petitioner was arrested in Nawadih P.S.Case No.28/2012 thereafter, he was remanded in the present case on 29.09.2014. That there is no specific allegation against this petitioner neither he has been named in the F.I.R. That no incriminating article was recovered from the possession of the petitioner.
Learned A.P.P has opposed the bail.
Heard. Considering the fact that petitioner is in custody since 29.09.2014 and trial has not been concluded as yet, he is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.D.J-III, Bwermo at Tenughat in connection with S.T.No.114/2013(arising out of Bokaro Thermal P.S.Case No.24/2009) subject to the condition that they shall remain present in the court below, as and when, directed till the conclusion of the trial failing which the trial court is at liberty to pass necessary order in the matter.
(Amitav K. Gupta,J)
Biswas .
1 issue framed by the court
Whether the petitioner is entitled to bail despite not being named in the FIR and since he is already in custody.
Sita Ram Manjhi
State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
