The High Court of Jharkhand allowed the bail application filed by the petitioner, who had been in custody since November 2017 for more than a year. The court released him on bail subject to conditions including furnishing a bond.
Petitioner released on bail with a bond of Rs. 10,000 and two sureties; must appear monthly.
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. 6037 of 2018
Sukhram Munda …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----FOR THE PETITIONER(S) : Mr. Arun Kumar, Advocate FOR THE STATE : A.P.P. ------
03/17.12.2018
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 109/114/117/186/290/353 of the IPC.
There is an allegation against the petitioner that he along with others instigated the villagers to defy the law and oppose the administration.
Counsel for the petitioner submits that petitioner is in custody since 8.11.2017 i.e more than one year.
Considering the period of custody, 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 Chief Judicial Magistrate, Khunti in connection with Khunti Police Station Case No. 102 of 2017 (G.R. No. 250 of 2017), subject to the condition that petitioner shall appear before the court below once a month, failing which his bail bond shall stand cancelled and the trial court will take appropriate steps for his re-arrest.
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether the petitioner is entitled to be released on bail given the prolonged period of custody.
Whether the arguments opposing bail raised by the learned A.P.P. justify denial of bail.
Sukhram Munda
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
