The High Court of Jharkhand allowed bail to Suraj Malakar, an accused charged under the IPC and Coal Mines Act, directing his release upon furnishing a bail bond and two sureties.
Petitioner Suraj Malakar directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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. 15775 of 2021
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Suraj Malakar …… Petitioner
Versus
The State of Jharkhand …… Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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Through Video Conferencing.
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For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mr. P. D. Agrawal, A.P.P.
02/04.02.2022 Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with Baliapur P.S. Case No. 189 of 2021 registered under Sections 414/34 of the Indian Penal Code and Section 30 (ii) of the Coal Mines Act.
Heard learned counsel for the petitioner and learned counsel for the State.
It is submitted that the petitioner is innocent. It is submitted that the petitioner has been falsely implicated in this case, although he was carrying all papers and copy of Tax Invoices and e-way Bill. It is submitted that the petitioner is the driver of the Vehicle. It is submitted that the petitioner is in custody since 20.09.2021 and hence he may be enlarged on bail.
Learned A.P.P has opposed the prayer for bail and has submitted that the petitioner was carrying 18 tons of coal without having valid papers.
From perusal of the FIR and the impugned order passed by the learned Court below, it appears that the petitioner is the driver of the vehicle. It appears from the impugned order passed by the learned Court below that copy of Tax Invoice and e-way Bill were enclosed with the bail petition, however, learned Court below has rejected the same by observing that in the entire case
diary, there is no mention of such Invoice and Bill.
Considering the facts and in the circumstances of this case, the petitioner namely Suraj Malakar is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Shivam Chourasia, learned Judicial Magistrate, 1st Class, Dhanbad in connection with Baliapur P.S. Case No. 189 of 2021.
(Sanjay Prasad, J.)
Kamlesh/
2 issues framed by the court
Whether the petitioner carrying coal without papers justifies denial of bail when he is the driver and not the owner.
Whether the non-mention of invoices in the diary defeats the submission that they were carried by the accused.
2 provisions across 2 enactments
Suraj Malakar
The State of Jharkhand
Sanjay Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
