In a bail application under Section 439 CrPC, the High Court of Jharkhand ordered the release of petitioner Manichar Korwa on bail involving recovery allegations under the Arms Act.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two sureties of same amount to Judicial Magistrate, 1st Class, Palamau.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No.6599 of 2019
Manichar Korwa .......... Petitioner.
-Versus-
The State of Jharkhand .......... Opp. Party.
----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Afaque Rashidi, Advocate For the State : Mr. Vinay Kumar Tiwary, A.P.P. ----- Order No.03 Date: 07.08.2019
The petitioner is an accused in a case registered under Sections 25(1-B)a and 26 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has committed no offence as alleged. There is alleged recovery of Bharthua gun (muzzle gun) from the house of the petitioner. In fact, there is no such recovery, as the seizure list prepared by the police to that effect does not bear the signature of the petitioner. The petitioner is in judicial custody since 3rd October, 2018 and at least considering the length of judicial custody, he may be given the privilege of regular bail.
Learned APP opposes the petitioner's prayer for bail.
Considering the facts and circumstances of the case and keeping in view that the petitioner is in judicial custody since 3rd October, 2018, I am inclined to enlarge the petitioner, above named, on bail. Accordingly, the petitioner 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 learned Judicial Magistrate, 1st Class, Palamau, in connection with Ramgarh P.S. Case No.51 of 2018, corresponding to G.R. No.1982 of 2018.
(Rajesh Shankar, J.)
Sanjay/
Manichar Korwa
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
