In a bail matter, the High Court granted regular bail to the petitioner charged under the Arms Act, directing his release upon furnishing a bond and two sureties to the Additional Chief Judicial Magistrate, Gumla.
Petitioner directed to be released on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount.
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. 3998 of 2019
Sanjay Oraon @ Sanju ….. Petitioner
Versus The State of Jharkhand ….. Opposite Party
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner: Ms. Sunita Kumari For the State: Mr. H. P. Singh, A.P.P
02/17.06.2019 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Sections 25(1-B)a/26/35 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged. The petitioner was initially arrested in connection with Gumla P.S. Case No. 309/2017 and on his alleged confession, one country made pistol along with four live cartridges was recovered. There is no recovery of any arm/ammunition from the petitioner’s possession in connection with the present case. The petitioner is in judicial custody since 20.01.2018 in connection with the present case and as such at least considering the length of judicial custody, he may be given the privilege of regular bail.
Learned A.P.P opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the above named petitioner is directed to be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No. 78/2017, corresponding to G.R. No. 1177/2017.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the petitioner, an accused under the Arms Act, should be released on regular bail considering the length of judicial custody?
Sanjay Oraon @ Sanju
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
