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Imran Ali Alias Sehmood Ali v. the State of Jharkhand

Jharkhand HC11 Jun 2024A.B.A./1115/2024

Case brief

AI extract

What is this about?

Anticipatory bail; A.B.A No. 1115 of 2024; High Court of Jharkhand; Ambuj Nath, J.; Imran Ali @ Sehmood Ali; Golmuri P.S. Case No. 0084 of 2022; sections 341, 323, 307, 427, 34 IPC; sections 25(1-B)(a), 26, 27, 35 Arms Act; parity with co-accused Rehan; A.B.A. No. 2443 of 2023; no criminal antecedent conceded by A.P.P.; bail bond Rs. 25,000 with two like sureties; section 438(2) CrPC conditions; surrender within two weeks.

What did the court decide?

Anticipatory bail granted: petitioner to surrender before the learned court below within two weeks and, on surrender, to be released on bail on furnishing bail bonds of Rs. 25,000 with two sureties of the like amount each, subject to the conditions under section 438(2) CrPC. ¶7

Imran Ali Alias Sehmood Ali Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, Imran Ali @ Sehmood Ali, who is apprehending arrest in connection with Golmuri P.S. Case No. 0084 of 2022 (sections 341, 323, 307, 427 and 34 IPC; sections 25(1-B)(a)/26/27/35 Arms Act), is entitled to anticipatory bail.

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Court's answer

Considering the facts placed before it — including parity with co-accused Rehan, already granted anticipatory bail by a Coordinate Bench, and the petitioner having no criminal antecedent (conceded by the learned A.P.P.) — the Court extended the privilege of anticipatory bail to the petitioner.

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Ratio / Principle

The petitioner is directed to surrender before the court below within two weeks from receipt of a copy of the order, and on surrender shall be released on bail on furnishing bail bonds of Rs. 25,000 with two sureties of the like amount each, to the satisfaction of Ms. Jyotsna Pandey, learned Judicial Magistrate, 1st Class, Jamshedpur.

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Key takeaways

The grant of anticipatory bail is made subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.ratio¶7

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — GRANTED ON PARITY AND CLEAN ANTECEDENTS. Petitioner, Imran Ali @ Sehmood Ali, apprehended arrest in connection with Golmuri P.S. Case No. 0084 of 2022 registered under sections 341, 323, 307, 427 and 34 of the Indian Penal Code and section 25(1-B)(a)/26/27/35 of the Arms Act, pending before the learned Judicial Magistrate, 1st Class, Jamshedpur. Considering that co-accused Rehan had already been granted anticipatory bail by a Coordinate Bench of the Court vide A.B.A. No. 2443 of 2023 on a similar footing, and that the petitioner had no criminal antecedent (a fact conceded by the learned A.P.P.), the Court extended the privilege of anticipatory bail. Petitioner directed to surrender within two weeks and to be released on bail on furnishing bail bonds of Rs. 25,000 with two sureties of the like amount each, to the satisfaction of Ms. Jyotsna Pandey, learned Judicial Magistrate, 1st Class, Jamshedpur, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A No. 1115 of 2024

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Imran Ali @ Sehmood Ali ----Petitioner Versus The State of Jharkhand ----Opp. Party --CORAM: Hon’ble Mr. Justice Ambuj Nath

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For the Petitioner: Mr. A.K. Sahani, Advocate For the O.P-State: Ms. Anuradha Sahay, A.P.P.

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05 / 11.06.2024 Counter affidavit has been filed during course of hearing of this case. Let it be kept on the record.

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Heard the parties.

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Petitioner is apprehending his arrest in connection with Golmuri P.S. Case No. 0084 of 2022 for the offences registered under sections 341, 323, 307, 427 and 34 of the Indian Penal Code and section 25(1-B) (a)/26/27/35 of Arms Act, pending in the court of Ms. Jyotsna Pandey, learned Judicial Magistrate, 1^st Class, Jamshedpur.

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On 30.06.2022 at about 2.00 p.m., Informant came to know that somebody has broken window pane of his car. He suspected that co-accused Rehan might have done this. He accosted him and inquired as to why he done so. Being agitated, Rehan called his brother Furkan Ali who fired at the Informant. Petitioner who is the own brother of Furkan was present at the place of occurrenc3e.

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It was submitted that co-accused Rehan has been granted anticipatory bail by a Coordinate Bench of this Court vide A.B.A. No. 2443 of 2023 and the case of this petitioner stands on similar footing.

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Mr. A.K. Sahani, learned counsel appearing for the petitioner, submitted that the petitioner has got no criminal antecedent.

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Ms. Anuradha Sahay, learned A.P.P. has opposed the prayer for bail, but conceded the fact that the petitioner has got no criminal antecedent.

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Considering the aforesaid facts, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, petitioner, above named, is directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail on furnishing bail bonds of Rs. 25,000/(Rupees twenty-five thousand) with two sureties of the like amount each, to the satisfaction of Ms. Jyotsna Pandey, learned Judicial Magistrate, 1^st Class,

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Jamshedpur in connection with Golmuri P.S. Case No. 0084 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Ambuj Nath, J)

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Imran Ali Alias Sehmood Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Imran Ali Alias Sehmood Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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