Allowed

Pankaj Mandal Alias Pankaj Kumar Mandal v. the State of Jharkhand

Jharkhand HC11 Feb 2022B.A./460/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand at Ranchi granted bail to the petitioner accused under Section 395 IPC, directing release upon furnishing a bond and two sureties, noting he was not in the FIR but named on co-accused confession and others were on bail.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of same amount subject to conditions of presence and permission for district movement.

Pankaj Mandal Alias Pankaj Kumar Mandal Vs the State of… — Bail and Remand | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B. A. No. 460 of 2022

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….

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Pankaj Mandal @ Pankaj Kumar Mandal …… Petitioner Versus

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The State of Jharkhand …… Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner :Mr. Shashi Kant Thakur, Advocate For the State : Mr. Santosh Kumar Shukla, A.P.P.

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…. .

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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…..

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03/11.02.2022 The petitioner is an accused in connection with Littipara P.S. Case No. 40 of 2020 ( Misc. Cr. Application No. 342/2021) (S.T. No. 125 of 2021) registered for the offence under Sections 395 of the Indian Penal Code.

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Heard learned counsel for the petitioner and learned counsel for the State.

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It is submitted that petitioner is innocent. It is submitted that petitioner is not named in the F.I.R. It is submitted that petitioner has been named on the basis of coaccused Bhawesh Kumar Ray and said Bhawesh Kumar Ray has already been granted bail by the Co-ordinate Bench of this Court in B.A. No. 15584 of 2021 on 03.02.2022. It is submitted that other co-accused Mihir Narsundar @ Mihir Thakur has also been granted bail by another Co-ordinate bench vide B.A. No. 5283 of 2021 on 01.07.2021 vide annexure-2 of the bail application. It is further submitted that petitioner has not been put on T.I.P. before submitted charge sheet against him. It is submitted that the vehicle in question has been recovered from one Sahabuddin Sheikh. It would also appear from the impugned order that no T.I.P.

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has been conducted. It is submitted that petitioner is in custody since 19.04.2021 and hence, he may be enlarged on bail.

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On the other hand learned A.P.P. has opposed the prayer for bail and submitted that petitioner has been named on the confession of the co-accused. He further submits that vehicle was recovered from one co-accused Sahabuddin Sheikh and hence the bail is fit to be rejected.

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Perused the F.I.R. and the impugned order passed by the court below and the order passed by the Co-ordinate bench of this Court.

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It appears that petitioner is not named in the F.I.R. It appears from the impugned order passed by the learned court below that petitioner’s name has surfaced in this case on the basis of confession of co-accused Bhawesh Kumar Ray.

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Considering the grant of bail of two co-accused persons by the Co-ordinate Bench of this Court, the petitioner namely Pankaj Mandal @ Pankaj Kumar Mandal 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 learned Principal Sessions Judge, Pakur subject to the condition that one of the bailors must be own relative and the petitioner must remain present on each and every date till conclusion of the trial except for unforeseen circumstances and petitioner will not leave the concerned district without the permission of the Court.

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(Sanjay Prasad, J.)

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Bibha/

Pankaj Mandal Alias Pankaj Kumar Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pankaj Mandal Alias Pankaj Kumar Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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