High Court at Ranchi allowed bail to petitioners accused of offences under IPC and Arms Act. The case was remanded to the trial court with conditions including deposit in Army Welfare Fund.
Petitioners released on bail of Rs. 25,000 each with two sureties, subject to depositing Rs. 1,500 in Army Welfare Fund and other conditions.
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. 10669 of 2018
Sonu Kumar Mahto @ Samrat ….. Petitioner Versus The State of Jharkhand ….. Opp. Party WITH B.A. No. 272 of 2019 Mantu Singh ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioners : Mr. Dilip Kr. Jaiswal, Advocate. For the State : A.P.P.
06/Dated: 21/02/2019
Petitioners are accused in Dugda P.S. Case No. 36 of 2018, corresponding to G.R. No. 844 of 2018, registered for the offence under Sections 394, 411, 34 of the Indian Penal Code and Section 25(1-b)a and 26/35 of the Arms Act, lodged on the basis of one written report given by Sheo Kumar Maharaj.
On 13.02.2019, learned counsel for the petitioners had submitted that charges against the petitioners have been framed on 11.02.2019. So, he was directed to produce the order framing charges.
Today, when the case is called out, learned counsel for the petitioners has produced the order dated 11.02.2019 passed by Ghulam Haidar, Additional Sessions Judge-II, F.T.C., Bermo at Tenughat, whereby charges have been framed against the petitioners under Sections 394, 411 of the I.P.C. and Section 25(1-A) / 35 of the Arms Act and Section 26(2)/35 of Arms Act.
Learned A.P.P. opposed the prayer for bail.
Be that as it may, I am inclined to admit the petitioners on bail. Accordingly, the petitioners are directed to be released on bail on furnishing bail bonds of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bermo at Tenughat, in connection with Dugda P.S. Case No. 36 of 2018, corresponding to G.R. No. 844 of 2018, subject to following conditions:-
(i) One of the bailers shall be fathers of the petitioners.
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(ii) Petitioners shall deposit Rs. 1500/- each by way of cost in the account of Army Welfare Fund Battle Casualties being A/C No. 90552010165915, IFSC Code – SYNB0009055, Syndicte Bank, Branch – South Block, Defence Headquarter, New Delhi, Branch Code – 9055 and will submit a receipt of the aforesaid deposition before the court below at the time of furnishing bail bonds.
(iii) Petitioners are further directed that alongwith the bail bonds, they will furnish their Cell numbers and xerox copy of Aadhar Cards in the court below.
(iv) Petitioners are directed to remain physically present before the trial court on each and every date till conclusion of the trial, failing which the trial court will be at liberty to cancel the bail bonds of the petitioners.
Let a copy of order be also communicated to the trial court and also handed over to learned counsel for the petitioners.
(Anant Bijay Singh, J.)
Sunil/
2 issues framed by the court
Whether the petitioners, being accused with charges framed earlier, are entitled to bail.
Whether the relief of bail is subject to deposit into the Army Welfare Fund account as a condition.
2 provisions across 2 enactments
Sonu Kumar Mahto
Samrat
The State of Jharkhand
Mantu Singh
Mantu Singh
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
