Mahesh Ram Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Mahesh Ram Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Koderma in connection with Domchanch P.S. Case No. 159 of 2023, subject to conditions that the petitioner appear physically on each and every trial date till conclusion unless dispensed with for sufficient cause, and that he not tamper with prosecution evidence or influence or gain over witnesses.

Issue for consideration

Whether the petitioner, made accused in Domchanch P.S. Case No. 159 of 2023 (Ss. 147, 341, 323, 307, 325, 506 IPC), should be enlarged on bail.

Court's answer

Bail granted: petitioner directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned CJM, Koderma, in connection with Domchanch P.S. Case No. 159 of 2023.

Ratio / Principle

Release conditioned on the petitioner appearing physically on each and every date during the trial of the case till its conclusion, unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court.

Key takeaways

Further condition imposed: petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.ratio¶10

Detailed headnote1 paragraphs

Bail Application No. 1996 of 2024 allowed by the High Court of Jharkhand at Ranchi (Pradeep Kumar Srivastava, J., Order No.03 dated 11.06.2024). Mahesh Ram, accused in Domchanch P.S. Case No. 159 of 2023 registered under Ss. 147, 341, 323, 307, 325 and 506 IPC, sought bail. Per the FIR, on 21.11.2023 at about 6:00 am the petitioner, with others armed with deadly weapons, abused and assaulted the informant while he was ploughing his field; the petitioner inflicted a sword injury on the informant's uncle causing grievous injuries, and the petitioner and his nieces poured petrol on the informant and his uncle and attempted to kill them by setting fire. The petitioner, in judicial custody since 22.11.2023, pleaded false implication in a land dispute, absence of any report regarding cut marks of the sword injury, general and omnibus allegations, and no specific overt act attributed to him, and undertook to cooperate with the trial and not tamper with evidence or witnesses. Considering the facts and circumstances, the nature of allegation, materials on record and the period of custody, the Court released the petitioner on bail on a bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Koderma, conditioning release on his physical presence on each and every trial date till conclusion (unless excused for sufficient cause) and on his refraining from tampering with prosecution evidence or influencing or gaining over witnesses.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1996 of 2024

Mahesh Ram … Petitioner Versus The State of Jharkhand … Opposite Party

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Petitioner : Mr. Manoj Kumar No.2, Adv. For the State : Mr. Someshwar Roy, Addl. P.P. For the Informant : Mr. Diwakar Jha, Adv.

Order No.03 Dated- 11.06.2024

Heard learned counsel for the parties.

The petitioner has been made accused in connection with Domchanch P.S. Case No. 159 of 2023 registered under sections 147, 341, 323, 307, 325 and 506 of Indian Penal Code.

As per FIR, allegation is that on 21.11.2023 at about 6:00 am, while the informant was ploughing his field, the petitioner along with others armed with deadly weapon came to the field and started abusing and assaulting him. Further, petitioner inflicted head injured upon the informant’s uncle by sword as a result of which he sustained grievous injuries and petitioner and his nieces poured petrol on the informant and his uncle and attempted to kill them by setting fire.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to land dispute between the parties. No report regarding cut mark of injuries caused by the sword has been brought on record. There is general and omnibus allegation against the petitioner. No specific overt act of causing serious injuries to the informant and his uncle has been attributed against the petitioner. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. The petitioner is languishing in judicial custody since 22.11.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

Learned Addl. P.P. assisted by learned counsel for the informant has opposed the prayer for bail of the petitioner. 6. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, 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 learned CJM, Koderma in connection with Domchanch P.S. Case No. 159 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

(Pradeep Kumar Srivastava, J.)

Pappu/