The High Court of Jharkhand allowed a bail application for Sakendra Lohra in a theft case under Section 392 IPC, directing release on a bond of Rs. 20,000 with two sureties.
Bail allowed; release on bond of Rs. 20,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.12383 of 2021
Sakendra Lohra ..... … Petitioner
Versus The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioner : Mr. Jitendra Shankar Singh, Advocate For the State : Mr. Satish Prasad, A.P.P.
03/03.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.
Learned counsel for the applicant undertakes to remove the defects, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the applicant– Sakendra Lohra with prayer to release on bail in connection with Garu P.S. Case No.20 of 2020 registered under Section 392 of the Indian Penal Code pending in the court of learned Judicial Magistrate, 1st Class, Latehar.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the informant against unknown persons in regard to loot of two mobile phones, one motorcycle and Rs.750/-. It is further submitted that the name of the applicant surfaced in the confessional statement and in Test Identification Parade. The applicant was identified by the informant in the T.I.P. but the same has no sanctity because it was highly belated. It is also submitted that the applicant has been languishing in jail since 8th June, 2020 having no criminal antecedent and the offence alleged is triable by the court of Magistrate.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the motorcycle and mobile phones were recovered from the possession of the applicant and the informant has identified the applicant.
In view of the submissions made and material on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court of learned Judicial Magistrate, 1st Class, Latehar in aforesaid case, subject to the conditions that the applicant will not absent himself on the date fixed by the learned trial court and he will also not threaten the witnesses, failing which the learned trial court will be at liberty to cancel his bail without any further reference to this Court.
(Subhash Chand, J.)
Rohit
1 issue framed by the court
Whether the bail application filed by the accused in a January 1860 section 392 case should be allowed.
1 provisions across 1 enactments
Sakendra Lohra
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
