Petitioners arrested in custody of a 2012 case in 2022 approached for regular bail. Judge noted serious police lapse in delaying investigation and directed release on bail.
Release of applicants on bail bond of Rs.10,000 each with two sureties; direction to submit active mobile number and Aadhaar;
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.9689 of 2022
Versus
The State of Jharkhand …... Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioners : Mr. P. C. Sinha, Advocate For the State : Mr. Azeemuddin, A.P.P
04/Dated: 02nd January, 2023
1. Heard learned counsel for the applicants and learned counsel for the State
2. The applicant No.1 is a female aged about 46 years, and the petitioner No.2, is aged about 22 years and Both are in custody since 10.05.2022. They have approached this Court for grant of regular bail in connection with Jamua P.S. Case No.328 of 2012, corresponding to G.R. Case No.2873 of 2012, registered for the offence under Sections 147/ 148/ 149/ 323/ 341/ 302 of the Indian Penal Code.
3. Having heard learned counsel for the parties and from perusal of record, it appears that the applicants have been arrested in the year 2022 while the incident is of the year 2012. Thus, prima facie it appears that there is serious lapses in the investigation by the police.
4. Considering the above fact, I am inclined to enlarge the applicants on bail. Accordingly, the applicants are directed to be released on bail, on their furnishing bail bond of Rs.10,000/(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Giridih, in connection with Jamua P.S. Case No.328 of 2012, corresponding to G.R. Case No.2873 of 2012, on the condition that the applicants will submit self-attested photocopy of their Aadhaar Card and also submit their mobile number before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether to grant regular bail to petitioners facing charges for rioting and culpable homicide and to direct police investigation lapses.
Whether serious lapses in police investigation justify discharge or bail.
1 provisions across 1 enactments
Dena Devi
Sudama Hansda
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
