Single judge bail application where petitioner, accused under Arms Act and CLA Act, sought release. Court directed release on bail subject to bond and appearance conditions.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount, appearing at least once a month.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2926 of 2022
Kartik Ganjhu @ Vijay Ganjhu .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s).
CORAM : HON'BLE MR. JUSTICE ANANDA SEN .
For the Petitioner(s) : Mr. A.K. Chaturvedy Advocate. For the State : Mr. Sanjay Kr. Srivastava, A.P.P.
02/24.03.2022: The defect(s) as pointed out by the Registry, if any, is ignored for the
present.
The petitioner is an accused for the offence punishable under Section(s) 25(1-B)a, 26/ 35 of the Arms Act and Section 17 (i)(ii) of the CLA Act. Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
It is alleged that one Dulare Khan, who is a member of extremists organization, was arrested with arms and ammunition. On interrogation, the coaccused disclosed the name of the petitioner as his associate, who fled away from the place of occurrence.
Admittedly, the petitioner has not been arrested from the place of occurrence and his name has transpired from the confessional statement of coaccused.
In view of the aforesaid facts, I am inclined to release the petitioner on bail. Accordingly, the petitioner, above named, is 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 the learned Chief Judicial Magistrate, Chatra, in connection with Sadar P.S. Case No. 70/2018 (G.R. NO. 429 of 2018), subject to condition that he will appear at least once in the month before the trial court concerned.
(ANANDA SEN, J.)
Anu/-C.P.-3
2 issues framed by the court
Whether the petitioner can be released on bail given he is an accused in an arms and criminal laws act case.
What conditions must be imposed on granting bail to the petitioner.
2 provisions across 2 enactments
Kartik Ganjhu @ Vijay Ganjhu
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
