The High Court of Jharkhand, Ranchi, allowed the bail application lodged by Samsher Mian accused of robbery under Section 392 IPC. The court ignored defects noted by the stamp reporter due to the counsel's undertaking and directed the petitioner's release on bail.
Release granted on bail with a bond of Rs. 25,000 and two sureties of the same amount.
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.2015 of 2021
Samsher Mian … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Ms. Bandana Sinha, Adv. For the State : Mr. Arup Kr. Dey, Addl. P.P.
------
02 /02.03.2021 Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Sarath P.S. Case No.142 of 2020 registered under Sections 392 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed robbery. It is submitted that the allegation against the petitioner is false. It is next submitted that though the petitioner is not named in the F.I.R. yet without putting him on T.I.P., charge-sheet has been submitted against him. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 18.11.2020 which is evident from the impugned order. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Madhupur in connection with Sarath P.S. Case No.142 of 2020 with the condition that he will co-operate with the trial of the case.
(Anil Kumar Choudhary, J.)
Animesh/
2 issues framed by the court
Whether the petitioner is entitled to be released on bail considering the defects in the proceedings and his cooperation.
Whether the petitioner should be enlarged on bail in connection with the robbery charge.
1 provisions across 1 enactments
Samsher Mian
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
