In a bail application, the High Court of Jharkhand granted bail to an accused in cases under Sections 366 and 366-A of the IPC, despite a long period of absence from trial.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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. 4444 of 2017
Manoj Gope, son of Shri Vidhantu Gope, resident of Village-Sirka, P.O. & P.S.-Ramgarh, District-Ramgarh ... … Petitioner Versus
The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Ajay Kumar Sah, Advocate For the State : Mr. S.K. Keshri, A.P.P.
02/02.06.2017 Heard the learned counsel for the parties.
The petitioner is an accused in a case registered under Sections 366/366-A of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner was earlier granted regular bail by this Court vide order dated 31.03.2004 in B.A. No. 1052 of 2004. Thereafter, the petitioner was continuously being represented before the concerned trial court, however, he remained absent from 14.10.2015 to 21.03.2017 and he was also not represented by any lawyer. It is further submitted that earlier the trial was pending before the concerned sessions court at Hazaribagh, however, after creation of new Judgeship at Ramgarh, the case was transferred to Ramgarh Judgeship. Due to the said reason, the petitioner could not be represented through any lawyer in the trial. It is also submitted that in the event of grant of bail to the petitioner, he shall regularly appear before the concerned trial court.
The learned A.P.P. opposes the petitioner's prayer for bail.
Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Ramgarh, in connection with
S.T. No. 291 of 2004, arising out of Ramgarh P.S. Case No. 178 of 2002, corresponding to G.R. No. 1120 of 2002, , subject to the condition that the petitioner shall appear before the trial court on each and every date unless his physical appearance is exempted by specific order of the trial court, failing which the trial court shall be at liberty to pass appropriate order in accordance with law.
(Rajesh Shankar, J.)
Manish
1 issue framed by the court
Whether the petitioner, who was absconding for a prolonged period in a serious criminal offence, should be granted bail.
1 provisions across 1 enactments
Manoj Gope
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
