Single judge order granting bail to petitioner accused of offences under various sections of IPC and PDP Act. Court ordered release upon furnishing bond and deposit.
Petitioner directed to be released on bail with bond of 10,000 rupees plus deposit of 15,000 rupees.
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. 7275 of 2018
Shahnawaz Ahmad @ Shahnawaz..…................ Petitioner Versus State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. Sanjay Kr. Tiwari, Advocate For the State : A.P.P.
4/17.09.2018 Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 147, 148, 149, 341, 323, 353, 307, 332, 379, 427, 452, 120B of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act.
It is alleged that on the rumor of child lifting and mob lynching, this petitioner formed a mob and thereafter, attacked the police personnel and destroyed the public properties. They also pelted stones on the police personnel and other people.
Learned counsel for the petitioner submits that this petitioner has been falsely implicated in this case. He further submits that though he is named in the FIR, but there is absolutely general allegation against him. He lastly submits that he is in custody since 09.07.2018.
Taking into consideration the aforesaid fact, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner namely, Shahnawaz Ahmad @ Shahnawaz 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 Sri M.M.Pradhan, Judicial Magistrate, 1st Class, Jamshedpur in connection with Mango P.S. Case No. 149 of 2017 [G.R. No. 1401/2017], subject to the condition that the petitioner shall deposit a sum of Rs. 15,000/- (fifteen thousand only) in the office of the Deputy Commissioner, East Singhbhum, Jamshedpur and produce the receipt of the same before the trial Court at the time of furnishing his bail bonds and only then the bail bonds of the petitioner shall be accepted.
( Ananda Sen, J )
Mukund/-cp. 3
2 issues framed by the court
Whether the petitioner should be released on bail.
Whether the allegations of mob lynching and violence against petitioner justify continued custody.
2 provisions across 2 enactments
Shahnawaz Ahmad @ Shahnawaz
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
