Allowed

Durga Oraon v. the State of Jharkhand

Jharkhand HC23 Mar 2023Cr.A(DB)/354/2023

Case brief

AI extract

What is this about?

The Division Bench allowed a criminal appeal against the rejection of regular bail. The court quashed the Sessions Judge's order releasing the appellant for bail while acknowledging his role as a driver and the delay in his custody, directing immediate release upon furnishing bail bonds.

What did the court decide?

The order rejecting bail was quashed; the appellant was directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the same amount.

Durga Oraon Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 354 of 2023

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Durga Oraon ……..… Appellant

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Versus

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The State of Jharkhand …….Respondent.

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------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND

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------For the Appellant : Mr. K.S. Nanda, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P. ----------------------------

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02/Dated: 23^rd March, 2023

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The instant appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 for setting aside the order dated 21^st February, 2023 passed by the learned Sessions Judge, Gumla in B.P. No.49 of 2023 in connection with Sisai P.S. Case No.155 of 2022 registered under Sections 379/411 of the Indian Penal Code and Section 21 of Mines & Minerals (Development & Regulation) Act, 1957, Section 54 of Jharkhand Minor Minerals Concession Rules, 2004, Section 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 and Sections 4/5 of Explosive Substance Act pending in the court of learned Judicial Magistrate 1^st Class, Gumla, whereby and whereunder, the prayer for regular bail filed on behalf of the appellant has been rejected.

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The prosecution story in brief as per the allegation made in the first information report reads as under:

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On the basis of the secret information, a raiding team was constituted and the village Sogra was inspected where the raiding team found one tractor bearing registration no. JH07 G 3260 which was involved in transporting bolder. On being stopped, the driver of the said tractor was unable to produce any challan. Thereafter a written application was taken from the driver-Durga Oraon (the appellant herein) and then he was taken towards Lamtongri Hillock and it was found that 9200 cft boulders were stored. The boulders were seized and was handed over to the Mukhiya and Ward Member. It is further alleged that empty packet of power gel and one detonator were also recovered.

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Learned counsel appearing for the appellant has submitted that he has been falsely implicated in the instant case merely because he is the driver and was apprehended while carrying the boulder in the tractor. It has also been submitted that the appellant is in custody since 28^th December, 2022.

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The argument has been advanced that these aspect of the matter has not properly been appreciated by the learned trial court, therefore, the impugned order is not sustainable in the eyes of law. As such, the impugned order is quashed and set aside.

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While on the other hand, Mr. Manoj Kumar Mishra, learned A.P.P. appearing on behalf of the State vehemently opposed the prayer for bail and submitted that the appellant has been apprehended along with incriminating boulder and on demand no legal document has been produced by him. It has also been contended that one gelatin has also been found from the possession of the appellant.

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We have heard the learned counsel for the parties and perused the materials available on record.

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This Court after having heard the learned counsel for the parties and taking into consideration the fact that the appellant is a driver and languishing in jail since 28^th December, 2022 and, as such, deems it fit and proper to interfere with the order dated 21^st February, 2023 passed by the learned Sessions Judge, Gumla in B.P. No.49 of 2023.

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Accordingly, the order dated 21^st February, 2023 passed by the learned Sessions Judge, Gumla in B.P. No.49 of 2023 is, hereby, quashed and set aside.

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In view thereof, the instant appeal stands allowed.

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In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st Class, Gumla in connection with Sisai P.S. Case No.155 of 2022.

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Accordingly, the instant appeal stands disposed of.

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(Sujit Narayan Prasad, J.)

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(Subhash Chand, J.)

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Rohit Pandey/-

Durga Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Durga Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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