Hearing an application for bail, the Court allowed the release of the petitioner accused of offences under the IPC, Arms Act, and CLA Act. The grant was influenced by police delay in arrest and the co-accused's bail.
Petitioner released on bail on furnishing a bond of Rs. 10,000/- with two like sureties.
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. 2275 of 2018
Dharam Ganjhu …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Santosh Kumar Soni, Advocate FOR THE STATE : A.P.P.
06/13.09.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 147, 148, 149, 341, 342, 324, 326, 302, 427, 379, 436 of the IPC, Section 27 of the Arms Act and Section 17(i) (ii) of the CLA Act.
Counsel for the petitioner submits that though case is of 2009, police did not take any step for arresting of the petitioner till 26.11.2017. He submits that petitioner is in custody since 08.01.2018. On the merit, he submits that there is no specific allegation against this petitioner. He further submits that co-accused person has already been granted bail by the co-ordinate bench of this Court in B.A. No. 1849 of 2016.
After going through the case diary, I find much force in the submission of the petitioner. It is surprising that in fact petitioner was named in the FIR in the year 2009 but the police did not take any steps for his arrest till 26.11.2017 even his parentage was verified only on 26.11.2017.
In view of the aforesaid fact and the fact that co-accused has already been granted bail by the co-ordinate bench of this Court, I am inclined to allow this application. 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 District & Additional Session Judge,-III, Chatra in connection with Kunda Police Station Case No. 02 of 2009 (G.R. No. 116 of 2009), corresponding to S.T. No.232 of 2013.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether to grant bail to the petitioner who has been in custody for a limited period despite being named in an FIR since 2009 due to police inaction.
3 provisions across 3 enactments
Dharam Ganjhu
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
