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

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

What the court decided

AI extract

Outcome

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 the learned Additional Judicial Commissioner-Vth, Ranchi, subject to conditions of cooperation in the trial and presence on every date, failing which the court below may cancel bail.

Issue for consideration

Whether the petitioner — an accused under Section 414/34 IPC in Chanho P.S. Case No. 89 of 2023 (S.T. Case No. 104 of 2024), allegedly caught red-handed with a stolen motorcycle with two other motorcycles recovered after interrogation and said to be a man of criminal antecedent — deserves to be enlarged on bail, having been in custody since 26.06.2023 with charge already framed.

Court's answer

Taking into consideration that charge has been framed and the petitioner has been in custody since 26.06.2023, i.e., more than a year, together with the submissions of counsel, the Court found it just and proper to enlarge the petitioner on bail.

Ratio / Principle

Bail was granted on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions that the petitioner cooperates in the criminal proceeding and remains present on every date of the trial, failing which the court below may pass appropriate orders for cancellation of bail.

Detailed headnote1 paragraphs

Bail granted — Offence under Section 414/34 IPC (Chanho P.S. Case No. 89 of 2023 / S.T. Case No. 104 of 2024), pending before Additional Judicial Commissioner-Vth, Ranchi — Petitioner allegedly caught red-handed with a stolen motorcycle, two other motorcycles recovered after interrogation, and said to be of criminal antecedent — In custody since 26.06.2023 with charge framed; custody exceeding one year and framing of charge weighed in favour of enlargement — Bail allowed on bail bond of Rs.25,000/- with two sureties of like amount each, subject to conditions of cooperation in the trial and presence on every date, failing which cancellation by the court below.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6118 of 2024

Md. Junaid, aged about 40 years, S/o – Md. Salim, resident of Azad Basti Gumla, P.O. & P.S.- Gumla, District- Gumla, Jharkhand --- --- Petitioner Versus

The State of Jharkhand --- --- Opposite Party

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

For the Petitioner : Mr. N.K. Sahani, Advocate Md. Aquil, Advocate Ms. Kiran Kumari, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P.

04/06.08.2024 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

Petitioner is an accused in connection with Chanho P.S. Case No. 89 of 2023 (S.T. Case No. 104 of 2024) for the offence registered under Section 414/34 of the IPC, pending in the court of learned Additional Judicial Commissioner -Vth , Ranchi.

It is submitted on behalf of the petitioner that he has been caught red handed along with stolen motor cycle. It is submitted on behalf of the petitioner that he is in jail in this case since 26.06.2023 and charge in this case has been framed, therefore, possibility of tempering with the evidence is very remote and therefore, he deserves to be enlarged on bail.

On the other hand, learned A.P.P. has opposed the contentions raised by the petitioner and submitted that petitioner has been caught red handed along with a stolen motor cycle and after interrogation two other motorcycles were recovered. He is a man of criminal antecedent and therefore, he does not deserve to be enlarged on bail.

Having heard the parties, perused the record of the case.

In view of the persuasive submission advanced by the learned counsel for the petitioner and also taking into consideration that charge has been framed in this case and petitioner is in custody since 26.06.2023 i.e., more than a year, it is found just and proper to

A.Mohanty

enlarge the petitioner on bail.

Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Judicial Commissioner-Vth, Ranchi in connection with Chanho P.S. Case No. 89 of 2023 ( S.T. Case No. 104 of 2024), subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

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