This bail application was heard by the High Court of Jharkhand. The Court, noting the petitioner was in judicial custody for over a year with no recovery of stolen property in the present case, allowed the bail plea.
Petitioner released on bail with a bond of Rs. 10,000/- and two sureties to Chief Judicial Magistrate, Seraikella.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2767 of 2017
Mahabir Lohar @ Biru …Petitioner -V e r s u s- The State of Jharkhand ...Opp. Party
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : - Mr. Tejo Mistry, Advocate For the State :- Mr. Satish Kumar Keshri, A.P.P.
05/02.05.2017 Heard learned counsel for the parties.
Petitioner is an accused in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The petitioner has not been named in the F.I.R. He has been remanded in this case from Telco P.S. Case no. 167 of 2014 in which 4-5 stolen motorcycles were allegedly recovered from the possession of the petitioner. It is further submitted that even if it is assumed that the petitioner made confessional statement before the police regarding his involvement in the present case, yet there is no recovery of any stolen motorcycle in connection with the present case. The petitioner has already been granted regular bail in Teloco P.S. Case no. 167 of 2014. The petitioner is in judicial custody since 31.03.2016 in this case and at least considering the period of judicial custody, he may be given the privilege of regular bail.
Learned A.P.P. opposes the petitioner’s prayer for regular bail.
Considering the fact that the petitioner is in judicial custody since 31.03.2016, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Seraikella in connection with Adityapur P.S. Case no. 123 of 2014 corresponding to G.R. Case no. 373 of 2014.
(Rajesh Shankar, J.)
Ritesh
2 issues framed by the court
Whether the petitioner, an accused in案件 pending for Section 379 and 411 IPC offences and held in judicial custody, is entitled to regular bail.
Whether the lack of recovery in the present case and prior confessional statements justify granting bail despite false implication allegations.
Mahabir Lohar @ Biru
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
