Gura Mandal Alias Baijnath Mandal Alias Bhura Mandal Vs… — Bail and Remand | Jharkhand HC (2024)

Gura Mandal Alias Baijnath Mandal Alias Bhura Mandal Vs… — Bail and Remand | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Court of learned A.J.C.-XVII, Ranchi, in connection with S.T. Case No. 80 of 2008, subject to Section 439 Cr.P.C. and to appearing before the court below on each and every date, failing which the court below may cancel the bail.

Issue for consideration

Whether the petitioner, whose earlier bail was cancelled on 22.07.2009 after he failed to appear in court (submitted to be a case of misuse of the privilege of bail) and who was arrested on 12.04.2024, should be enlarged on bail for the pending trial.

Court's answer

The petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each, to the satisfaction of the Court of learned A.J.C.-XVII, Ranchi, in connection with S.T. Case No. 80 of 2008, corresponding to Rail Thana Hatia Case No. 01 of 2007 and G.R. Case No. 19 of 2007.

Ratio / Principle

The bail is subject to the conditions laid down under Section 439 of the Cr.P.C. and further subject to the petitioner appearing before the learned Court below on each and every date as and when required, failing which the learned Court below shall pass appropriate order for cancellation of the bail.

Detailed headnote1 paragraphs

Bail Application (B.A. No. 6074 of 2024, Order No. 04 dated 5th August, 2024), High Court of Jharkhand at Ranchi, Hon'ble Mr. Justice Navneet Kumar: Gura Mandal @ Baijnath Mandal @ Bhura Mandal, facing trial in S.T. Case No. 80 of 2008 (corresponding to Rail Thana Hatia Case No. 01 of 2007 and G.R. Case No. 19 of 2007) under Sections 328, 379 and 411 of the Indian Penal Code before the learned A.J.C.-XVII, Ranchi, had his earlier bail cancelled on 22.07.2009 with issuance of N.B.W. after he failed to appear following framing of charge on 1.9.2008; he was arrested on 12.04.2024. The Court enlarged him on bail on a bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 439 of the Cr.P.C. and to his appearance before the court below on each and every date, failing which the learned Court below is to pass appropriate order for cancellation of the bail.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6074 of 2024

Gura Mandal @ Baijnath Mandal @ Bhura Mandal

... … Petitioner

Versus

The State of Jharkhand … … Opposite Party

CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

-----For the Petitioner : Mr. Vinod Kumar Sahu, Advocate For the State : Mr. Anup Pawan Topno, A.P.P. --------

Order No. 04 / Dated 5^th August, 2024

Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

The petitioner is facing the trial in connection with S.T. Case No. 80 of 2008, corresponding to Rail Thana Hatia Case No. 01 of 2007 and G.R. case No. 19 of 2007, registered under Sections 328, 379 and 411 of the Indian Penal Code and the case is now pending before the Court of learned A.J.C.-XVII, Ranchi.

It is submitted on behalf of the petitioner that on earlier occasion the petitioner was on bail and it is a case of misuse of privilege of bail.

It has further been pointed out that charge in this case was framed on 1.9.2008 but the trial could not be concluded for a long period of time and the petitioner after sometime failed to appear in the Court and therefore, his bail was cancelled on 22.07.2009 and N.B.W. was issued. Further it has been submitted that the petitioner was arrested on 12.04.2024 and since then he is in jail.

It has further been submitted that the petitioner will remain present on each and every date till the disposal of the trial and therefore, he prays to be enlarged on bail.

On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that the trial of the case was held up because this petitioner did not appear for a

D.S.

long period of time and therefore, he does not deserve to be enlarged on bail. 7. Having heard the parties, perused the records of this case.

In the light of the submission advanced on behalf of the parties and under the facts and circumstances of this case, this petitioner is directed to be enlarged 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 the Court of learned A.J.C.-XVII, Ranchi. in connection with S.T. Case No. 80 of 2008, corresponding to Rail Thana Hatia Case No. 01 of 2007 and G.R. case No. 19 of 2007, subject to the condition as laid down under Section 439 of the Cr.P.C. and further, subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail.

2 B.A. No.6074 of 2024