Allowed

Chandru Manjhi Alias Ram Chandru Soren Alias Ram Chandra Soren v. the State of Jharkhand

Jharkhand HC30 Oct 2023Cr.A(DB)/783/2023

Case brief

AI extract

What is this about?

The Division Bench quashed the order rejecting bail, holding the appellant was an active Maoist member with no incriminating material recovered, allowing bail with the condition of cooperation in trial.

What did the court decide?

Impugned order rejected is set aside. Appellant directed to be released on bail of Rs. 25,000 with two sureties, subject to conditions.

Chandru Manjhi Alias Ram Chandru Soren Alias Ram Chandra… — Bail and Remand | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (D.B.) No. 783 of 2023

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Chandru Manjhi @ Ram Chandru Soren @ Ram Chandra Soren

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@ Ram Chandra Soren .... ... Appellant Versus The State of Jharkhand … … R espondent

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Mr. Rajesh Kumar Mahtha, Advocate For the Respondent : Mr. Subodh Kumar Dubey, A.P.P.

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Order No. 07 / Dated: 30^th October, 2023

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Heard learned counsel for the parties.

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2. This appeal is under Section 21 of the National Investigation Agency Act, 2008 directed against the order dated 21.03.2023 passed by the Court of learned Additional Sessions Judge-1^st , Bermo at Tenughat in B.P. No. 53 of 2023, in connection with Nawadih P.S. Case No. 19 of 2015, corresponding to G.R. No. 238 of 2015, under Sections 147/ 148/ 149/ 353/ 307 of the Indian Penal Code, Sections 4/ 5 of the Explosive Substance Act and Section 17 of the C.L.A. Act by which the prayer for regular bail, has been rejected and the case is presently pending in the Court of learned A.C.J.M., Bermo at Tenughat.

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3. It has been submitted that the identically co-accused persons namely Babu Ram Marandi and Dalo Ram Marandi have been directed to be released on bail by this Court vide order dated 17.08.2023 passed in Cr. Appeal (D.B.) No. 658 of 2023.

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4. It has further been submitted that although there is reference of six criminal antecedents against the appellant, out of which, in three cases i.e. in Bishungarh P.S. Case No. 67 of 2006 and in Nawadih P.S. Case No. 87 of 2006 the appellant has been acquitted and in other two cases i.e. in Nawadih P.S. Case No. 132 of 2015 in Cr. Appeal (D.B.) No. 626 of 2023, the appellant has been granted bail vide order dated 21.07.2023 and in Nawadih P.S. Case No. 168 of 2014 in Cr. Appeal (D.B.) No. 635 of 2023 the appellant has been granted bail vide order dated 23.08.2023 and the appellant has also been granted bail in Cr. Appeal (D.B.) No. 791 of 2023 vide order dated 12.10.2023. Learned counsel appearing for the petitioner has also submitted that the charge-sheet has been submitted.

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Cr. Appeal (D.B.) No. 783 of 2023

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5. While on the other hand, Mr. Subodh Kumar Dubey, learned counsel appearing for the respondent State has vehemently opposed the prayer for bail. However, he has not disputed the fact that the identically co-accused persons namely Babu Ram Marandi and Dalo Ram Marandi have been granted bail by this Court vide order dated 17.08.2023 passed in Cr. Appeal (D.B.) No. 658 of 2023.

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6. This Court after hearing the learned counsel for the parties and considering the imputation as levelled in the First Information Report and the case diary, it is evident from the perusal of the F.I.R. that although the appellant is named accused but the allegation against him is that he was the active members of the Maoist group but no incriminating material has been recovered from the possession of the appellant. The aforesaid fact has not been disputed by the learned counsel appearing for the State, since, as per the case diary there is no incriminating material said to have been recovered from the possession of the appellant. The appellant is in custody since 24.01.2023, the charge-sheet has also been submitted , therefore, this Court is of the view that the impugned order passed in B.P. No. 53 of 2023 needs to be interfered with.

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7. Accordingly, the impugned order dated 21.03.2023 passed by the learned Additional Sessions Judge-1^st , Bermo at Tenughat; in B.P. No. 53 of 2023, in connection with Nawadih P.S. Case No. 19 of 2015, corresponding to G.R. No. 238 of 2015, is hereby, quashed and set aside. 8. In the result, the instant appeal is allowed. 9. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bermo at Tenughat, in connection with Nawadih P.S. Case No. 19 of 2015, corresponding to G.R. No. 238 of 2015, subject to the conditions that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause and shall not commit offence of the like nature. In failure, the learned court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.

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(Sujit Narayan Prasad, J.)

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(Navneet Kumar, J.)

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D.S./J.Minj

Chandru Manjhi Alias Ram Chandru Soren Alias Ram Chandra Soren v. the State of Jharkhand

Case brief

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Chandru Manjhi Alias Ram Chandru Soren Alias Ram Chandra Soren v. the State of Jharkhand

Case brief

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