Bail application allowed. The single judge granted bail to Ganesh Oraon, an accused in judicial custody since September 2018, whose charges were already framed, directing release on a bond of Rs. 20,000 with two sureties.
Directing release on bail on furnishing a bond of Rs.20,000 with two sureties of the like amount to the CJM Simdega.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5204 of 2019
Ganesh Oraon …Petitioner
-V e r s u s-
The State of Jharkhand ...Opp. Party
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : - Mr. Mohit Prakash, Advocate For the State :- Mr. Sudhir Kumar Mahto, A.P.P.
05/05.08.2019 Heard learned counsel for the parties.
Petitioner is an accused for the offences punishable under Sections 147/148/149/307/387/120B/34 of the Indian Penal Code, under Sections 25(1-B)a/26/27/35 of the Arms Act and Sections 4/5 of Explosive Substances Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. There is alleged recovery of two pieces of crude bomb from the possession of the petitioner. The petitioner is in judicial custody since 09.09.2018. On instruction, learned counsel for the petitioner submits that charge has already been framed against the petitioner and at least considering the length of judicial custody, the petitioner may be given the privilege of regular bail.
Learned A.P.P. opposes the petitioner’s prayer for bail.
Having heard the learned counsel for the parties and keeping in view that the petitioner is in judicial custody since 09.09.2018 and that the charge against him has already been framed, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Simdega in connection with Bolba P.S. Case No. 11 of 2018 corresponding to G.R. No. 449 of 2018.
(Rajesh Shankar, J.)
Ritesh
1 issue framed by the court
Whether the petitioner, an accused in judicial custody for a prolonged period with framed charges, is entitled to regular bail.
3 provisions across 3 enactments
Ganesh Oraon
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
