Allowed

Pawan Lohar v. the State of Jharkhand

Jharkhand HC3 Jul 2020B.A./3309/2020

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner charged with murder and arms offences. Conditions included a surety bond, a prohibition on threatening the informant, and an order for the trial court to expedite proceedings due to witness absence and pandemic constraints.

What did the court decide?

Petitioner released on bail of Rs. 20,000 with two sureties; directed not to threaten informant; trial court ordered to expedite trial.

Pawan Lohar Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 3309 of 2020

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----- Pawan Lohar, aged about 30 years, Son of Hiralal Lohar, Resident of 103 Dhirajganj, village Dhirajganj, P.O. and P.S. Adityapur, Town Jamshedpur, district Seraikella Kharsawan (Jharkhand)

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….. Petitioner

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Versus

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1.The State of Jharkhand

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Ritika Mukhi, Wife of late Budheshwar Mukhi @ Shan Babu, resident of village Dhirajganj, P.O. Adityapur, P.S. Adityapur, District Saraikella-Kharsawan, Jharkhand …. Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RATNAKER BHENGRA

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Through- Video Conferencing

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- For the Petitioner(s) For the Informant	----	: Mr. Indrajit Sinha, Advocate Mr. Amitabh Prasad, Advocate Mr. Ajay Kumar Sah, Advocate : Mr. Arjun N. Deo, Advocate
For the State -	----	: Ms. Nehala Sharmin, A.P.P.

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03/Dated: 03/7/2020

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When the matter was called out, Mr. Ajay Kumar Sah, the learned counsel appeared on behalf of Mr. Indrajit Sinha, the learned arguing counsel, Mr. Arjun N. Deo, the learned counsel appeared on behalf of Informant and Ms. Nehala Sharmin, the learned APP appeared on behalf of State.

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The instant bail application has been preferred for grant of regular bail to the petitioner who is in custody in connection with Adityapur P.S. Case No. 137 of 2016 for the offence under sections 302/34 and 120B of the I.P.C. and under section 27 of the Arms Act.

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Learned counsel for the petitioner submitted that earlier the bail was granted to the petitioner vide order dated 19.11.2016 passed in B.A. 9094 of 2016. Thereafter, on the instance of the informant Ritika Mukhi a Cr.M.P. No. 53 of 2017 was filed for cancellation of bail of the petitioner, namely, Pawan Lohar which was allowed and the petitioner was directed to surrender before the learned court below within two weeks. Thereafter, petitioner again come up for bail vide B.A. No. 8828 of 2019 and by order dated 28.2.2020 his prayer for bail was rejected with a liberty that he may renew his prayer after one month.

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Today, B.A. No. 3309 of 2020 has been taken up and the learned counsel for the petitioner submitted that he should have move in the month of March but due to Covid-19 Pandemic he was unable to move and, as such, he came up now. Hence, he may be released on bail.

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-2-

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Learned counsel for the informant Mr. Arjun N. Deo submitted that in this case the charge was framed on 1^st October 2019 but till date not a single witness has been examined because petitioner and his friends were regularly threatening the informant and the witnesses too not to give any evidence in the case and due to which the witnesses are not appearing. He therefore, prayed that if bail is granted to the petitioner some protection may be accorded to the informant Ritika Mukhi and also the petitioner may be directed not to extend any threat to the informant and also the trial court may be directed to expedite the trial.

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Learned counsel for the State Ms. Nehala Sharmin has also opposed the prayer for bail of the petitioner and also argued on the line of the informant.

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Regard being had to the facts and circumstances of the case, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III at Seraikella in connection with Adityapur P.S. Case No. 137 of 2016 (S.T. No. 50 of 2017) with condition that one of the bailors must be the close relative of the petitioner and petitioner shall attend all the effective dates unless it is dispensed with by the learned court below.

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Petitioner is also directed not to extend any type of disturbance or threat to the informant Ritika Mukhi. However, the informant is at liberty to approach the local police authority in case of any credible threat.

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Bearing in mind the constraints and restraints due to the Covid19 Pandemic the learned trial court is directed to expedite the trial as charge has been framed in this case on 01.10.2019 but none of the witnesses has been examined till date as submitted by learned counsel for the informant.

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Accordingly, bail application of the petitioner is allowed.

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The Jail Authority shall release the petitioner only after his medical check-up.

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( Ratnaker Bhengra, J.)

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KNR/-

Pawan Lohar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pawan Lohar v. the State of Jharkhand

Case brief

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