Allowed

Hare Ram Sharma v. the State of Jharkhand

Jharkhand HC20 Jul 2023A.B.A./105/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 CrPC regarding a case for unlawful possession of railway properties, the court extended anticipatory bail to the petitioner, directing him to surrender within two weeks and be released on bail by the court below.

What did the court decide?

Petitioner directed to surrender within two weeks and be released on bail by the court below on furnishing bonds of Rs. 25,000.

Hare Ram Sharma Vs the State of Jharkhand — Property and Title | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 105 of 2023

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Hare Ram Sharma … … Petitioner

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The State of Jharkhand ... … Opposite Party

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Mr. Rajeeva Sharma, Sr. Advocate : Mr. Om Prakash, Advocate For the State : Mr. Pankaj Kumar, A.P.P. ----

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10/20.07.2023

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Heard the parties.

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Petitioner is apprehending his arrest in connection with Gomoh R.P.F. Post Case No. 12/2022 for the offences under sections 3 (A) & 4 of Railway Properties (Unlawful Possession) Act, 1966, pending in the court of learned Railway Judicial Magistrate at Dhanbad.

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M/s Ganpati Ispat Udyog, North 24 Parganas had purchased 27,444.34 kgs of Railway scrap materials in an auction from East Central Railway, Dhanbad.

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It appears that while auctioned scrap materials were being transported, the Informant, on the basis of suspicion, intercepted the trucks. The seized trucks were taken to a weigh bridge and it was found that instead of 27444.34 kgs., 40030.00 kgs. of railway scrap materials were loaded. The case of the prosecution is that about 13000.00 kgs. were loaded in excess than what was purchased by M/s Ganpati Ispat Udyog, North 24 Parganas. The petitioner is the Stock verifier of Eastern Central Railway, Dhanbad.

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It is alleged that he had purposefully got extra scrap materials loaded on the trucks causing wrongful gain to himself and co-accused persons and wrongful loss to the railway.

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Mr. Rajeeva Sharma, learned senior counsel appearing for the petitioner submitted that there was no provision for weighing the loaded trucks in the godwon of Eastern Central Railway. The trucks were being taken to nearest railway station, but in the meantime, the trucks were seized. It was further submitted that co-accused namely Pravesh Jha @ Prabhash Jha has been granted Anticipatory Bail by this Court vide A.B.A. No.190/2023.

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-2-

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Mr. Pankaj Kumar, learned P.P. has opposed the prayer for Anticipatory Bail and submitted that petitioner is the main person who was involved in this case. It was further submitted that trucks had crossed three weigh bridges before they were intercepted.

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Considering the that co-accused person has been granted Anticipatory Bail and there was no provision for weighing the trucks in the go-down of Eastern Central Railway, Dhanbad, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, petitioner is directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Railway Judicial Magistrate at Dhanbad in connection with Gomoh R.P.F. Post Case No. 12/2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Ambuj Nath, J.)

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Jay/-

Hare Ram Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hare Ram Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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