Amjad Khan vs State Of Jharkhand

Defect Nos.9(i) to 9(iv) being formal in nature, are hereby ignored.

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

The petitioner, who is an accused for offence under Section 379 of the Indian Penal Code but subsequently the chargesheet was submitted for the offence under Sections 379 and 411 I.P.C. and cognizance has been taken, prays for regular bail in connection with Sariya P.S. Case No. 218 of 2018 corresponding to G.R. No.317 of 2019.

Learned counsel for the petitioner has submitted that earlier vide order dated 08.07.2019 passed in B.A. 4282 of 2019, prayer for bail of the petitioner has been rejected by this Hon'ble Court with a liberty to renew his prayer after remaining in custody for one year.

Learned counsel for the petitioner has further submitted that petitioner is in custody since 06.02.2019 and has completed more than one year as on today. The learned trial court has stated that trial of this case is likely to conclude within two months, as such, the petitioner may be enlarged on bail.

Learned Additional Public Prosecutor appearing for the State has opposed the prayer for bail and has submitted that the truck of the informant was missing and at a distance of 50 meter from the place of occurrence a Honda Shine Motorcycle bearing registration no.JH-11P-0286 was also recovered. The prayer for bail of the petitioner was earlier rejected by this Court and no fresh ground for reconsideration for prayer for bail is made out, as such, the instant application be rejected.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State and perused the materials brought on record. It appears that vide order dated 08.07.2019 passed in B.A. 4282 of 2019 liberty was given to the petitioner to renew his prayer for bail after remaining in custody for one year and further co-accused persons have already been enlarged on bail.

Considering the period of custody of the petitioner i.e. since 06.02.2019 and considering the fact that trial of this case is likely to conclude within two months and considering the present situation that the country is passing through a pandemic disease (covid 19), as such, petitioner, named above, is directed to be released on bail in connection with Sariya P.S. Case No. 218 of 2018 corresponding to G.R. No.317 of 2019 pending in the court of Chief Judicial Magistrate, Giridih on following conditions:-

(i) The petitioner be released on provisional bail during the lockdown period on personal bond of Rs.5,000/-.

(ii) As soon as, lock down period is over, the petitioner shall furnish two sureties of the amount of Rs.20,000/- each before the learned trial court within 30 days after lockdown period is over.

(iii) The fine amount shall be deposited by the petitioner within 30 days after finishing of the lockdown period from the Pandemic disease (Covid 19).

(iv) The jail authority shall ensure medical examination of the petitioner at the time of release due to pandemic disease (covid 19).

(v) Petitioner shall also comply with all the guidelines issued by the Government.

(vi) At the time of release, the Civil Surgeon, Giridih shall ensure medical examination of the petitioner and if requires petitioner shall be taken for quarantine.

(vii) The petitioner shall appear on each and every date before the concerned trial court till conclusion of trial.

However, the State is at liberty to file petition for cancellation of bail, if any thing is found which has not been brought to the notice of the court.

Accordingly, learned trial court is directed to release the petitioner provisionally on personal bond of Rs. 5,000/- with aforesaid conditions which shall be governed when lockin period is over.