Eminent lawyers recorded order to release petitioner Rajeev Jaiswal on bail after he challenged his false implication in a criminal case involving coal recovery while his associate held anticipatory bail.
Petitioner released on bail on furnishing bond of Rs.10,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 3255 of 2017
Rajeev Jaiswal ….. Petitioner Versus The State of Jharkhand ….. Opposite Party -----
CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner: Mr. A. K. Kashyap, Sr. Adv. For the State: Mr. Vikash Kishore, A.P.P
02/03.05.2017 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Sections 413/414/34 IPC and Section 33 of the Indian Forest Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence, as alleged in the F.I.R. There is alleged recovery of 25 Tonnes coal from the coal depot of co-accused Bihari Choudhary. The petitioner has been implicated in this case only on the presumption that the petitioner was one of the associates of co-accused Bihari Choudhary. It is further submitted that the petitioner has absolutely no concern either with the seized coal or with the truck in any manner. Co-accused Bihari Choudhary has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 29.06.2015 passed in A.B.A. No. 535/2015. The petitioner is in judicial custody since 20.03.2017 and therefore he may be given the privilege of regular bail.
Learned A.P.P opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the above named petitioner is directed to be released on bail on furnishing bail-bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of the S.D.J.M, Bermo at Tenughat in connection with Mahuwatand P.S. Case No. 72/2014, corresponding to G.R. No. 1287/2014.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the petitioner, an accused falsely implicated with no concern regarding seized coal, can be released on regular bail.
Rajeev Jaiswal
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
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