Criminal appeal against an order rejecting bail. The court noted the appellant was already on provisional bail and co-accused had been granted bail. It confirmed the provisional bail and allowed the appeal.
Confirmation of provisional bail granted to the appellant on 26.06.2019.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No. 594 of 2019
Mahendra Mahto … Appellant Versus The State of Jharkhand & another … Respondents ---
CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Appellant : Mr. N. K. Chatterjee, Advocate For the State : APP For the Respondent 2 : Mr. Diwakar Jha, Advocate ---
Order No. 04 Dated 11th December, 2019
Heard Mr. N. K. Chatterjee the learned counsel appearing for the petitioner and the learned A.P.P. appearing for the State and Mr. Diwakar Jha, O.P No. 2
This appeal is directed against the order dated 23.05.2019 passed by the learned Additional Sessions Judge-cum-Special Judge, SC/ST Act, Hazaribag in SC/ST Case No. 104 of 2018 by which the prayer for bail of the appellant has been rejected.
Submission has been advanced by the learned counsel for the appellant that no specific allegation has been levelled against the appellant. It has been further stated that several of the co-accused persons have been granted bail in Cr. Appeal (S.J.) No. 896 of 2018 and Cr. Appeal (S.J.) No. 297 of 2018.
The appellant appears to be on provisional bail granted vide order dated 26.06.2019. The case of the appellant appears to be on a better footing to that of co-accused Nageshwar Mahato who has been granted bail in Cr. Appeal (S.J.) No. 896 of 2018.
Regard being had to the aforesaid fact, the provisional bail granted to the appellant vide order dated 26.06.2019 is hereby confirmed.
This appeal stands allowed.
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether the provisional bail granted to the appellant should be confirmed against the order rejecting bail.
1 provisions across 1 enactments
Mahendra Mahto
The State of Jharkhand
RONGON MUKHOPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
