The court, noting the petitioner had been in custody since late 2017 and a charge sheet was filed, allowed bail subject to furnishing a bond with sureties and a monthly attendance condition.
Petitioner directed to be released on bail on Rs. 10,000 with two sureties of similar amount, subject to monthly appearance before the O.C., Bano Police Station.
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. 1413 of 2018
Amrit Aind..…................ Petitioner Versus State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. Mohit Prakash, Advocate For the State : A.P.P.
5/03.04.2018 Heard learned counsel appearing for the petitioner and the learned counsel for the State.
The petitioner is an accused for allegedly committing offence punishable under Sections 25(1-A), 26(2) of the Arms Act and Sections 17(1) & 17(2) of C.L.A. Act.
The police got information that some members of PLFI Organization have assembled to commit crime. The police surrounded the area and thereafter found some persons fleeing. After chase this petitioner was apprehended and from his possession one country made rifle without magazine, 18 live cartridges and 02 magazines were recovered.
Learned counsel for the petitioner submits that the petitioner is in custody since 31.08.2017 and charge sheet has already been submitted in this case. He further submits that this petitioner has been falsely implicated in this case and nothing has been recovered from his possession.
Learned A.P.P. opposes the prayer for bail and submits that three criminal cases are pending against this petitioner including this case.
Taking into consideration the period of custody and the fact that charge sheet has already been submitted in this case, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner namely, Amrit Aind is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Simdega in connection with Bano P.S. Case No. 52 of 2017 [G.R. No. 378/2017], subject to the condition that the petitioner shall appear before the Officer-in-Charge, Bano Police Station, once in a month and shall mark his attendance. If he fails to appear in any particular month, his bail bonds shall stand cancelled and the Officer-incharge would be at liberty to arrest the petitioner.
( Ananda Sen, J )
Mukund/-cp. 3
2 issues framed by the court
Whether the petitioner, an accused posted since August 2017 with a filed charge sheet, should be enlarged on bail.
Whether to impose the condition of monthly appearance before the police officer-in-charge.
2 provisions across 2 enactments
Amrit
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
