In a habeas corpus petition, the High Court at Ranchi directed the release of petitioners on bail furnishing a bond with sureties after ignoring technical defects and considering custody duration.
Directing petitioners released on bail bond of Rs. 10,000 with two sureties; ignoring most office defects but one requires undertaking.
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. 7942 of 2020
--For the Petitioners : Mrs. Nita Krishna, Advocate For the State : Mr. Ashok Singh, A.P.P. --- Order No. 02 Dated 12th October, 2020
Heard the learned counsel appearing for the respective parties.
So far as the defect No. 5(e) is concerned, learned counsel for the petitioners undertakes to remove the same once the situation normalizes. As regards other defects, as pointed out by the office, are concerned, the same are ignored.
The petitioners are accused in connection with S.T. Case No. 48 of 2020 arising out of Sonari P.S. Case No. 89 of 2019 corresponding to G.R. No. 1067 of 2019.
Information was received by the police that some miscreants had assembled and were planning to commit an offence. On a raid conducted the petitioners and others were apprehended.
It appears that mobiles and two live cartridges were recovered from the conscious possession of the petitioners. The petitioners are is in custody since 06.06.2019.
Regard being had to the period of custody, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, at Jamshedpur, East Singhbhum in connection with S.T. Case No. 48 of 2020 arising out of Sonari P.S. Case No. 89 of 2019 corresponding to G.R. No. 1067 of 2019.
(RONGON MUKHOPADHYAY,J.)
MK
2 issues framed by the court
Whether the petitioners be granted interim bail on furnishing a bond.
Whether defects in the regularisation of the petition are cleared or ignored.
Akash Karmkar @ Akash Karmakar
Ganesh Karmkar @ Ganesh Karmakar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
