two identical bail applications allowed releasing appellants on Rs. 10000 bond with direction to test for COVID-19 before jail release as a public interest measure not bail condition. court declined to pass routine order.
release on bail of Rs. 10,000 with two sureties subject to covid-19 testing before jail release
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. 1028 of 2020
| Anand Munda | Versus | …. ….Petitioner(s). |
|---|---|---|
| State of Jharkhand | With | …. ….Opposite Party(s) |
| B.A | No. 1733 of 2020 | |
| Lugo @ Sanika Munda | Versus | …. ….Petitioner(s). |
| State of Jharkhand | …. ….Opposite Party(s) |
CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
-----FOR THE PETITIONER(S) : Mr. Nilesh Kumar, Advocate ( In B.A. No. 1028 of 2020) Mr. Ajay Kr. Sah, Advocate( In B.A. No. 1733 of 2020) FOR THE STATE : Mr. Tarun Kumar, APP Mr. Satish Kumar Keshri, APP ------
07/01.10.2020
Heard learned counsel for the parties through video conferencing. The lawyer have no objection with regard to the proceeding, which has been held through video conference today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.
The petitioners are accused for allegedly committing an offence punishable under Sections 302/201/34 IPC and Section 3, 4 & 5 of Prevention of Witch (Daain) Practices Act.
Petitioners renew their prayer on the ground that exactly similarly situated co-accused persons have already been granted bail by the co-ordinate bench of this Court. He submits that co-accused persons have been granted bail after rejection of bail of the petitioner by this Court.
Learned A.P.P. opposes the prayer for bail but does not disputed that exactly similarly situated co-accused persons have been granted bail by the coordinate bench of this Court.
Considering the aforesaid facts, 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 AJC-III, Ranchi in connection with Namkum Police Station Case No. 70 of 2018 (G.R. No. 2719 of 2018), S.T. No. 489 of 2018.
-2-
I direct the Jail Authority that before releasing the petitioners from jail, the Jail Authority should get the petitioners tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioners and get them treated in COVID-19 centre by following all the protocols.
This direction is given in the larger public interest and it should not be construed as a condition of bail.
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether bail should be granted to petitioners accused under Sections 302/201/34 IPC given that similarly situated co-accused have already been granted bail by a coordinate bench.
Whether COVID-19 testing should be a condition for release on bail during the pandemic.
Anand Munda
Lugo @ Sanika Munda
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
