Allowed

Hasina Khatoon v. the State of Jharkhand

Jharkhand HC15 Mar 2023Cr.A(DB)/83/2023

Case brief

AI extract

What is this about?

Defense counsel argued for regular bail on grounds of the appellant's status as a housewife and the granting of bail to a similarly situated co-accused. The Court accepted this argument and quashed the lower court order.

What did the court decide?

The order dated 15.12.2022 rejecting bail is quashed. The appellant is released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Hasina Khatoon 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.83 of 2023

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------

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Hasina Khatoon …. …. Appellant 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 ------ For the Appellant : Mr. Onkar Nath Tiwary, Advocate For the State : Mr. Saket Kumar, APP ------ 04/Dated: 15.03.2023 Per Sujit Narayan Prasad, J.

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The instant appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 for quashing the order dated 15.12.2022 passed by the learned Additional Sessions Judge-I, Jamtara in Misc. Criminal Application No.1038 of 2022 in connection with Mihijam P.S. Case No.100 of 2022 registered under Section 25(1-AA)/25(1-B) (a)/26 and 35 of the Arms Act and Section 120B of the Indian Penal Code, whereby and whereunder, the prayer for regular bail filed on behalf of the appellant has been rejected.

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Learned counsel appearing for the appellant has submitted that the allegation against the appellant is only that she is, in the capacity of housewife, living in the house where the said mini-arms Factory was running.

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It has been stated that one of the similarly situated co-accused persons, namely, Sabina Khatun has already been directed to be released on bail by the coordinate Bench of this Court vide order dated 06.02.2023 passed in Criminal Appeal (DB) No.1589 of 2022. 3. Mr. Saket Kumar, learned APP appearing for the State on perusal of

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the order dated 06.02.2023 passed by the coordinate Bench of this Court in Criminal Appeal (DB) No.1589 of 2022 has submitted that the case of the appellant falls on the similar footing.

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We have heard learned counsel for the parties.

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This Court, considering the same and taking into consideration the fact that one of the similarly situated co-accused persons, namely, Sabina Khatun has already been granted bail on 06.02.2023 by the coordinate Bench of this Court in Criminal Appeal (DB) No.1589 of 2022 quashing the order dated 15.12.2022, therefore, deems it fit and proper to interfere with the order dated 15.12.2022 passed by the Additional Sessions Judge-I, Jamtara in Misc. Criminal Application No.1038/2022 in connection with Mihijam P.S. Case No.100 of 2022.

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Accordingly, the order dated 15.12.2022 passed by the Additional Sessions Judge-I, Jamtara in Misc. Criminal Application No.1038/2022 in connection with Mihijam P.S. Case No.100 of 2022, 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 Sub Divisional Judicial Magistrate, Jamtara in connection with Mihijam P.S. Case No.100 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/-

Hasina Khatoon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hasina Khatoon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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