In a bail application before the High Court of Jharkhand, Justice Subhash Chand allowed the release of Onkar Ram on bail after ignoring a procedural defect. The applicant prayed for bail in a theft case lodged against a truck owner and driver.
Release on bail by furnishing bond of Rs.15,000 with two sureties of like amount.
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.83 of 2022
Onkar Ram ..... … Petitioner
Versus
The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
For the Petitioner : Mr. Atanu Banerjee, Advocate For the State : Mr. Prabir Chatterjee, Spl. P.P. --------
02/12.01.2022
I.A. No.225 of 2022
The present interlocutory application has been filed on behalf of the applicant for early hearing of the present bail application.
Since, the present bail application itself has been taken up on Board, there is no need to pass any further order on the present interlocutory application and the same is, accordingly, disposed of.
B.A. No.83 of 2022
Heard learned counsel for the applicant and learned A.P.P. for the State.
At the request of learned counsel for the applicant, the defect, as pointed
out by the office is ignored.
This bail application has been filed on behalf of the applicant– Onkar Ram with prayer to release on bail in connection with Chandrapura P.S. Case No.105 of 2019 registered under Sections 379/413/414/34 of the Indian Penal Code and Section 30(ii) of the Coal Mines Act pending in the court of learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat.
Learned counsel for the applicant has submitted that the F.I.R. of this case of lodged by the by the informant against the driver and owner of the truck having registration no. JH10X-3399 and one unknown person in regard to theft of coal, which was being loaded in the truck. Learned counsel for the applicant has further submitted that the applicant is not named in the F.I.R. It is further submitted that the neither the applicant is owner nor the driver of the said truck which was being seized at the place of occurrence. Nothing incriminating article was recovered from the possession of the applicant. The applicant has been languishing in jail since 23.11.2021
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 applicant is having criminal antecedent of three cases.
In view of the submission 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.15,000/-(Rupees Fifteen Thousand) with two sureties of the like amount to the satisfaction of the court of learned SubDivisional Judicial Magistrate, Bermo at Tenughat in aforesaid case.
(Subhash Chand, J.)
Rohit
1 issue framed by the court
Whether to grant bail to the applicant accused of theft under Sections 379, 413, 414, 34 IPC and Section 30(ii) of the Coal Mines Act.
Onkar Ram
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
