Dismissed

Sanjeet Sagar Alias Sanjit Sagar v. the State of Jharkhand

Jharkhand HC16 Aug 2022B.A./5438/2022

Case brief

AI extract

What is this about?

In a habeas corpus petition under Section 414 and 34 IPC and Sections 20, 22, 27(a) NDPS Act, the High Court rejected the application for bail of an accused in judicial custody, noting the trial's likely conclusion within three months and the chance of granting future relief.

What did the court decide?

Petitioner's prayer for bail is rejected; liberty to renew prayer if trial is not concluded within three months.

Sanjeet Sagar Alias Sanjit Sagar Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 5438 of 2022

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Sanjeet Sagar @ Sanjit Sagar …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Md. Zaid Ahmad, Advocate For the State : Mr. Ravi Prakash, Spl.P.P.

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Order No.07/ Dated:16.08.2022

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Heard learned counsel for the parties.

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The petitioner has been made an accused in connection with T. Tangar P.S. Case No. 33 of 2021 corresponding to G.R. No. 432 of 2021(N.D.P.S. Case No. 10 of 2021), registered for the offence under Section 414, 34 of the Indian Penal Code and Section 20, 22 and 27(a) of the N.D.P.S. Act, pending in the court of learned Principal Sessions Judge-cum-Special Judge (NDPS), Simdega.

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As per F.I.R. allegation against the petitioner is that he was arrested with 40.5 kg Ganja worth Rs. 20 lacs.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that other co-accused person, namely, Rajiv Ranjan Rai of this case was also arrested at the spot from another vehicle, who has been admitted on bail in B.A. No.16468 of 2021 vide order dated 30.03.2022 by the Co-ordinate Bench of this Court. The petitioner is languishing in Judicial custody since 18.07.2021 without rhymes and reasons. Petitioner undertakes to co-operate in the trial of the

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case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.

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Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that ganja has been recovered from conscious possession of the petitioner and other co-accused persons who were present in another vehicle and no contraband article were recovered from their possession, hence the case of the petitioner stands on different footing. It is further submitted that trial has begun and likely to be concluded within three months, hence, petitioner does deserve bail.

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Considering the facts and circumstances of the case as stated above and materials available against petitioner showing involvement of the accused petitioner in the alleged offence and recovery of commercial quantity of ganja and also in view of the fact that charge has been framed against the petitioner and trial has commenced, the learned trial court has reported to conclude the trial within three months. As such, I am not inclined to admit the petitioner on bail, which stands rejected.

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However, petitioner is at liberty to renew his prayer for bail after three months from the date of this order, if trial is not concluded within that period, if so advised.

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(Pradeep Kumar Srivastava, J.)

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R.K.

Sanjeet Sagar Alias Sanjit Sagar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjeet Sagar Alias Sanjit Sagar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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