The Jharkhand High Court allowed the appeal and set aside the order rejecting bail. The court held that isolated detonators could not constitute an explosive substance under the law, and there were no criminal antecedents against the appellant.
The appellant released on bail bond of Rs. 10,000 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 Cr. Appeal (D.B.) No. 191 of 2023
Sharuddin Ansari @ Sharuddin Ansri .... .… Appellant
Versus
The State of Jharkhand
…. ….Respondent
CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND
For the Appellant : Mr. Yasir Arafat, Advocate. For the Respondent : Mr. Vishwanath Roy, A.P.P. --------
Order No.05/dated 19.04.2023
The instant appeal preferred under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 17.11.2022 passed by the learned Principal Sessions Judge, Pakur in B.P. No. 235 of 2022, arising out of Maheshpur P.S. Case No. 194 of 2022, registered under Sections 414 of the Indian Penal Code and 4/5 of Explosive Substance Act whereby and whereunder prayer for bail of the appellant, namely, Sharuddin Ansari @ Sharuddin Ansri has been rejected.
Lopchand Naruji Jat and Anr. vs. State of Gujarat,
2
reported in (2004) 7 SCC 566. It has also been followed by this Court in the case of Kamal Sheikh and Anr. vs. State of
Jharkhand, (2013) 2 JBCJ 234(HC).
It has further been submitted that this Court had called upon the case diary after hearing the learned Counsel for the appellant on 29.03.2023 but there no reference of any criminal antecedent.
3
SCC 566 followed by this Court in the case of Kamal Sheikh
and Anr. vs. State of Jharkhand, (2013) 2 JBCJ 234 (HC) wherein it has been dealt with by the Hon’ble Apex Court that the detonators in isolation cannot be considered to be an explosive substance. Further no criminal antecedent is against the appellant.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
P.K.S.
2 issues framed by the court
Whether rejection of bail could be sustained when detonators recovered were isolated from explosive material.
Whether investigation agency had prima facie case for the offence under National Investigation Agency Act, 2008.
Colour shows how this judgement treated each authority
Lopchand Naruji Jat and Anr. vs. State of GujaratFollowed¶13
Lopchand Naruji Jat and Anr. vs. State of Gujarat, (2004) 7 SCC 566 · Who else cites this
Kamal Sheikh and Anr. vs. State of JharkhandFollowed¶16
Kamal Sheikh and Anr. vs. State of Jharkhand, (2013) 2 JBCJ 234(HC)
4 provisions across 4 enactments
Sharuddin Ansari
State of Jharkhand
Sujit Narayan Prasad
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
