The High Court granted bail to the petitioner, an accused in a theft and dacoity case, directing furnishing of bond to the Sessions Judge subject to cooperation in the trial.
Petitioner released on bail on furnishing bond of Rs.20,000 with two sureties of like amount to the Sessions Judge, Palamau, with liberty to copy trial.
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. 8821 of 2019
Chandan Kumar ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE B.B. MANGALMURTI -----For the Petitioner : Mr. Ramesh Kumar, Advocate For the State : Mr. Gouri S. Prasad, A.P.P. --------
03/19.11.2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is accused in connection with S.T. No.112 of 2019 arising out of Chainpur P.S. Case No.154 of 2018 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code.
It is submitted on behalf of the petitioner that earlier prayer for bail of this petitioner was rejected by this Court vide order dated 11th June, 2019 passed in B.A. No.459 of 2019 with liberty that the petitioner may renew his prayer for bail after three months. It is further submitted that this petitioner is renewing his prayer for bail and he is in custody since 30th August, 2018. It is also submitted that co-accused Savidra Choudhary @ Sabindra Choudhary, who was also apprehended on the same date has already been granted bail by a coordinate Bench of this Court vide order dated 18th June, 2019 passed in B.A. No.5235 of 2019.
Learned A.P.P. appearing on behalf of the State submitted that coaccused Savidra Choudhary @ Sabindra Choudhary has already been granted bail and presently the case is at the stage of evidence.
Considering the above submissions of the parties as well as on perusal of the status report of the case submitted by Additional Sessions JudgeIII, Palamau at Daltonganj through letter no.622 dated 6th November, 2019, it appears that out of seven witness, three witnesses have already been examined during the trial and four witnesses are yet to be examined in this case, petitionerChandan Kumar is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court of Sessions Judge, Palamau at Daltonganj in connection with S.T. No.112 of 2019 arising out of Chainpur P.S. Case No.154 of 2018, subject to the condition that the petitioner shall co-operate in the trial and shall be present as and when required by the court, failing which the trial court is at liberty to pass appropriate order against the petitioner in accordance with law.
(B.B. Mangalmurti, J.)
Rohit
1 issue framed by the court
Whether the petitioner is entitled to bail after being in custody since 30.08.2018 and in view of the trial stage being evidence testimony.
Chandan Kumar
The State of Jharkhand
B.B. Mangalmurti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
