The High Court of Jharkhand granted bail to the petitioner accused under Sections 407 and 418 IPC. The court considered the extended custody period and the bail of a co-accused.
Released on bail on furnishing bond of Rs. 10,000 and two sureties with one being a close relative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1055 of 2019
Manish Mahendru @ Manish
... Petitioner(s).
Versus The State of Jharkhand … Opp. Party(s).
CORAM : HON'BLE MR. JUSTICE ANANDA SEN .
For the Petitioner(s) : Mr. Samir Kumar Lall, Advocate. For the State : A.P.P.
05/05.07.2019: Heard the counsel for the parties.
The petitioner is an accused for the offence punishable under Section(s) 407 and 418 of the Indian Penal Code.
Earlier the prayer for bail of the petitioner was rejected vide order dated 14.8.2018 passed in B.A. No. 977 of 2018.
Counsel for the petitioner submits that the petitioner is in custody since 19.12.2017 i.e. for more than one year and six months. He further submits that the charge has already been framed in this case and only two witnesses have been examined in this case. He also submits that other co-accused, namely, Sunil Kr. Yadav has been granted bail by this Court in B.A. No. 4158 of 2018.
Learned A.P.P opposes the prayer for bail of the petitioner but has not controverted the aforesaid facts.
Considering the period of custody of the petitioner and the fact that coaccused, namely, Sunil Kr. Yadav has been granted bail by this Court in B.A. No. 4158 of 2018, I am inclined to release him on bail. 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 the learned Chief Judicial Magistrate, Seraikella-Kharsawan, in connection with Gamharia P.S. Case No. 36/2017, corresponding to G.R. No. 514/2017, subject to condition that one of the bailors should be his close relative having sufficient landed property in his name.
(ANANDA SEN, J.)
Anu/-C.P.-3
1 issue framed by the court
Whether the petitioner should be released on bail after being in custody for over a year and a half given the fracture of charge and bail to a co-accused.
1 provisions across 1 enactments
Manish Mahendru
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
