Allowed¶14

Md. Faiz v. the State of Jharkhand

Jharkhand HC9 Aug 2024B.A./2836/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi — B.A. No.2836 of 2024, Order No.06 dated 09.08.2024 — Pradeep Kumar Srivastava, J. — Regular bail under Sections 457 and 380 IPC — house-breaking after lock of house and theft of jewellery worth Rs.3.50 lakhs — Chatra Sadar P.S. Case No. 133 of 2023 — petitioner Md. Faiz versus State of Jharkhand — judicial custody since 30.11.2023 — no recovery of stolen articles — bail bond Rs.25,000 with two like sureties before CJM, Chatra — conditions of daily trial attendance and non-tampering with evidence/witnesses.

What did the court decide?

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, Chatra, subject to conditions of physical appearance on each trial date and non-tampering with prosecution evidence or witnesses. ¶14

Md. Faiz Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the petitioner, accused in Chatra Sadar P.S. Case No. 133 of 2023 under Sections 457 and 380 IPC and in judicial custody since 30.11.2023, should be enlarged on bail.

¶12

Court's answer

Bail granted: petitioner directed to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Chatra, in connection with Chatra Sadar P.S. Case No. 133 of 2023, considering the nature of allegation, materials on record and period of custody.

¶14

Ratio / Principle

Bail is subject to conditions: the petitioner shall appear physically on each and every date during the trial till its conclusion unless his physical appearance is dispensed with for sufficient cause, and shall not tamper with prosecution evidence or influence or gain over witnesses.

¶14

Detailed headnote1 paragraphs

Bail granted — Offences under Sections 457 and 380 IPC (Chatra Sadar P.S. Case No. 133 of 2023) — Alleged theft of jewellery worth Rs.3.50 lakhs from the informant's locked house on 22.05.2023 — No stolen article recovered from the petitioner; implication alleged on the basis of similar criminal antecedents — Petitioner in judicial custody since 30.11.2023 — Considering the nature of allegation, materials on record and period of custody, the High Court released the petitioner on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Chatra — Conditions imposed: physical presence on each and every trial date unless dispensed with for sufficient cause, and abstention from tampering with prosecution evidence or influencing or gaining over witnesses.

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2836 of 2024

¶2

------

¶3

Md. Faiz .... .... …. Petitioner Versus

¶4

The State of Jharkhand .... .... ....Opposite Party

¶5

------

¶6

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶7

-----For the Petitioner : Mr. Rajesh Kumar Singh, Advocate For the State : Mr. Naveen Kr. Gaunjhu, Addl.P.P

¶8

Order No.06 Dated- 09.08.2024

¶9

Heard learned counsel for the parties.

¶10

The petitioner has been made accused in connection with Chatra Sadar P.S. Case No. 133 of 2023 registered under sections 457 and 380 of Indian Penal Code.

¶11

On 21.05.2023, the informant after locking the door of his house went to Ranchi but on the very next day i.e. on 22.05.2023 at about 9:00 A.M., the informant’s maid informed him about the unlock of his main gate, then the informant sensing the unprecedented incident, he expeditiously reached to his house and found the almirah and other boxes opened and the articles scattered in the rooms and jewelries worth Rs.3.50 lakhs were theft.

¶12

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 with ulterior motive. No stolen articles have been recovered from the possession of the petitioner and he has falsely been implicated in this case only on the basis of his other criminal antecedents, which stands on similar nature of offence. 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 30.11.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

¶13

Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

¶14

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, Chatra in connection with Chatra Sadar P.S. Case No. 133 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.

¶15

(Pradeep Kumar Srivastava, J.)

¶16

Pappu/

Md. Faiz v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Md. Faiz v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kartik Kumar Alias Kartik Das Vs the State of Jharkhand

Nandlal Thakur Vs the State of Jharkhand

Budhu Munda Vs the State of Jharkhand

MD Nisar Alias Dablu Vs the State of Jharkhand

Bineshwar Singh Vs the State of Jharkhand

Krishna Purty Vs the State of Jharkhand