High Court allowed bail applications by three petitioners accused of cheating and cybercrimes related to a leaked CBSE question paper. Granted release on bond with conditions after a year in custody.
Petitioners released on bail on furnishing bond of Rs. 10,000/- each with two sureties of the like amount each to C.J.M., Chatra.
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. 8590 of 2018
| Pankaj Kumar Singh …. …. Petitioner(s). Versus State of Jharkhand …. ….Opp. party(s) With B.A. No. 421 of 2019 |
|---|
| Satish Kumar Pandey …. …. Petitioner(s). Versus |
| State of Jharkhand …. ….Opp. party(s) With B.A. No. 481 of 2019 Hamesh Kumar Saw @ Humesh Kumar Sao …. …. Petitioner(s). Versus |
| State of Jharkhand …. ….Opp. party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN. ------ |
| FOR THE PETITIONER(S) : Mr. N.K. Jaiswal, Advocate[B.A.No. 8590 of 2018] Mr. A.K. Chaturvedy, Advocate[B.A.No. 421 of 2019] Mr. Jasvindar Mazumdar, Advocate[B.A.No. 481 of 2019] FOR THE STATE : A.P.P. ------ |
06/15.03.2019
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for
bail.
The petitioners are accused for allegedly committing an offence punishable under Sections 420/120B of Indian Penal Code and Section 66/66(D) of Information Technology Act.
Earlier on 17.07.2018 the prayer for bail of the petitioners was rejected. They renew their prayer.
Counsel for the petitioners submits that the petitioners are administrators and teachers of coaching institute which allegedly leaked CBSE maths question paper of year 2018. They submit that charges have already been framed against these petitioners and now they have already remained in custody for nearly a year.
Considering the submission of the parties and period of custody and the submission that charge has been framed, I am inclined to allow these applications. Accordingly, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra in connection with Chatra Sadar Police Station Case No. 87 of 2018 (G.R. No. 518 of 2018), subject to the condition that one of the bailer must be their close relative.
(ANANDA SEN, J.)
Anjali/priya/c.P 3
2 issues framed by the court
Whether the petitioners, accused under IPC sections 420/120B and IT Act sections 66/66(D), are eligible for bail after nearly a year in custody following framing of charges.
Whether the High Court should modify its earlier order rejecting bail.
Pankaj Kumar Singh
Satish Kumar Pandey
Hamesh Kumar Saw
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
