Sonaram Korah Alias Sonaram Koda Alias Mata Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Sonaram Korah Alias Sonaram Koda Alias Mata 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. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II at West Singhbhum, Chaibasa, subject to physical presence on each trial date till conclusion unless dispensed with for sufficient cause, and to refraining from tampering with prosecution evidence or influencing or gaining over witnesses.

Issue for consideration

Whether petitioner Sonaram Korah @ Sonaram Koda @ Mata, accused in Hatgamharia P.S. Case No. 19 of 2023 (S.T. Case No. 541 of 2023) under Ss. 395, 397 and 34 IPC, should be enlarged on bail.

Court's answer

The decision to release the petitioner on bail rests on the facts and circumstances of the case, the nature of the allegation against the petitioner, materials available on record and the period of custody.

Ratio / Principle

Petitioner directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-II at West Singhbhum, Chaibasa, in connection with Hatgamharia P.S. Case No. 19 of 2023 (S.T. Case No. 541 of 2023).

Key takeaways

Bail conditioned on 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.ratio¶14
Further bail condition: petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.ratio¶14

Detailed headnote1 paragraphs

Bail granted — High Court of Jharkhand at Ranchi, B.A. No. 3800 of 2024, Order No. 04 dated 12.06.2024 (Justice Pradeep Kumar Srivastava): Sonaram Korah @ Sonaram Koda @ Mata, accused in Hatgamharia P.S. Case No. 19 of 2023 (S.T. Case No. 541 of 2023) — FIR registered under S. 394 IPC, cognizance taken under Ss. 395, 397 and 34 IPC — arising from a shop robbery of 13.06.2023 in which Rs. 1.20 lakhs cash, a mobile phone and other articles were taken from the informant; petitioner in judicial custody since 27.08.2023; counsel urged parity with a co-accused bailed in B.A. No. 1487 of 2024 (order dated 04.04.2024). Court released the petitioner on bail of Rs. 20,000/- with two like sureties before Addl. Sessions Judge-II, Chaibasa, conditioning bail on attendance on every trial date unless excused for sufficient cause and on non-tampering with prosecution evidence and non-influencing/gaining over witnesses.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3800 of 2024

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Sonaram Korah @ Sonaram Koda @ Mata

.... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate For the State : Mr. Abhay Kumar Tiwari, Addl.P.P

Order No.04 Dated- 12.06.2024

Heard learned counsel for the parties.

The petitioner has been made accused in connection with Hatgamharia P.S. Case No. 19 of 2023, (S.T. Case No.541 of 2023) registered under sections 394 of Indian Penal Code and cognizance has been taken under sections 395, 397 and 34 of the Indian Penal Code.

On 13.06.2023 at about 9:15 AM, the informant who was present in his shop, was robbed by three persons. The accused persons took away Rs.1.20 lakhs cash, mobile phone and other articles from him.

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. Petitioner is neither named in the FIR nor anything has been recovered from his possession. Petitioner has not been put on T.I. Parade. Co-accused with similar allegation has already been granted regular bail by the Co-ordinate Bench of this Court vide order dated 04.04.2024 passed in B.A. No.1487 of 2024. 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 27.08.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

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

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.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II at West Singhbhum, Chaibasa in connection with Hatgamharia P.S. Case No. 19 of 2023, (S.T. Case No.541 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/