Allowed

Samsher Khan v. the State of Jharkhand

Jharkhand HC6 Oct 2020B.A./7732/2020

Case brief

AI extract

What is this about?

In a bail application under Bistupur P.S. Case No. 104/2020, the High Court of Jharkhand allowed the petitioner's prayer, directing release on bail subject to furnishing a bond and sureties. Conditions included appearing before the trial court, signing registers at the police station monthly, and mandatory medical examination, with specific safeguards for COVID-19 quarantine.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties of Rs. 10,000 each subject to specified conditions including police reporting and medical examination.

Samsher Khan Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)

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B.A. No. 7732 of 2020

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Samsher Khan ….. Petitioner

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Versus The State of Jharkhand ….. Opp. Party ---------

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)

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--------- For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate. For the State : Mr. Someshwar Roy, A.P.P.

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--------- 02/Dated: 06/10/2020

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Heard, learned counsel for the petitioner, Mr. Jitendra Nath Upadhyay.

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Learned counsel for the petitioner has submitted that defect nos. 5(e) & 9 (i), as per Stamp Reporting dated 25.09.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and has prayed that the bail application may be heard, as it is a regular bail application of the petitioner, who is in custody since 08.06.2020.

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Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s) within 30 days after the physical court starts.

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Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).

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Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Bistupur P.S. Case No. 104/2020, for the offence registered under Sections 414/34 I.P.C.

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Learned counsel for the petitioner has submitted that petitioner is a working as a driver in the Ambulance of Raffiq Ansari and has purchased a motorcycle from Rafique Ahmad to the tune of Rs.10,000/- and he has no knowledge that the motorcycle bearing registration no. JH-05AA-1753 is a stolen one.

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Learned counsel for the petitioner has further submitted that under bonafide believe that he is taking vehicle from his owner/master, he has no reason to disbelieve the same and under

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bonafide believe, he has been implicated in this case, in which, he is in custody since 08.06.2020, though he has no criminal antecedent and he has disclosed this fact to the Investigating Officer.

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Learned counsel for the State, Mr. Someshwar Roy, Additional Public Prosecutor has opposed the prayer for bail.

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Considering the defence taken by the petitioner that petitioner has no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. 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 in connection with Bistupur P.S. Case No. 104/2020 to the satisfaction of learned Chief Judicial Magistrate, Jamshedpur on the following conditions:

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(i) One of the bailors shall be the deponent / pairvikar of the present case namely, Pappy Nag, son of Baldev Nag, resident of 1192/D Pardeshi Para, Sonari, P.O. & P.S. - Sonari, District – East Singhbhum, who has furnished photocopy of his UID Card bearing number 2720 1943 9758 before this Court in the bail application.

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Office is directed to send the photocopy of UID Card bearing no. 2720 1943 9758 of deponent alongwith this order to the court below so as to verify the authenticity of the bailor .

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(ii) Another bailor shall be father / mother / brother / sister of the petitioner.

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(iii) Petitioner shall appear before the trial court on each and every date till conclusion of trial.

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(iv) Petitioner shall appear before the Officer-in-Charge, Bistupur P.S. on 1^st Monday of each English Calendar Month at 10:30 a.m. and shall put his signature on the Register maintained by the Officer-in-Charge till conclusion of the trial .

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

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(vi) The Civil Surgeon, Jamshedpur is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

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(vii) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through pandemic of Covid-19.

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Accordingly, the instant bail application is allowed.

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(Kailash Prasad Deo, J.)

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Sunil-Jay/

Samsher Khan v. the State of Jharkhand

Case brief

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Samsher Khan v. the State of Jharkhand

Case brief

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