Deosay Purti vs State Of Jharkhand

Learned counsel for the petitioner has submitted that there are defect(s) bearing defect Nos.9(i) and 9(ii) in the instant bail application, as pointed out

by the Stamp reporting dated 13.07.2020, but he has given an undertaking that he shall remove the defect(s) after the lockdown period is over and the

bail application may be heard as it is a regular bail in which the petitioner is in custody since 19.11.2019.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioner shall remove the defects within

30 days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order within 30 days after the lockdown period is over so as to remove the

defect(s).

Heard, learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is accused for offence under Sections 25 (1-B)a, 26 and 35 of the Arms Act and Section 17 of C.L.A. Act, prays for regular bail

in connection with Arki P.S. Case No.55 of 2019.

Learned counsel for the petitioner has submitted that two persons have been apprehended by the Police one Sandu Mundu and this petitioner-Deosay

Purti. From the possession of the petitioner, one country-made Katta with one live cartridge, red cloth with written slogan and some Naxal literature

were recovered though other three accused persons fled away.

Learned counsel for the petitioner has further submitted that as per instruction, the petitioner has no criminal antecedent and he is in custody since

19.11.2019, as such, the petitioner may be enlarged on regular bail.

Learned counsel for the State has opposed the prayer for regular bail and has submitted that this petitioner is also accused in Arki P.S. Case No.31 of

2019 dated 07.07.2019 registered under Sections 302/120B and 34 I.P.C. and 25 of the Arms Act, as such, the petitioner has criminal antecedent and

involved in naxal activities, may not be enlarged on bail.

Considering the rival submissions of the parties and since the petitioner has been made accused in connection with Arms Act and C.L.A. Act and he

is in custody since 19.11.2019, as such, the petitioner above-named, is directed to be released on regular bail, on furnishing bail bonds of Rs.20,000/-

(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khunti, in connection with Arki

P.S. Case No.55 of 2019, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present case, namely, Sukharam Pahan, S/o Tuti Pahan, R/o Sansa, Arki, District- Khunti, having UID

NO.9487 3395 6347.

Office is directed to send photocopy of the UID Card bearing No. 9487 3395 6347 of deponent along with a copy of this order to the court below so

as to verify the authenticity of the bailor/deponent.

(ii) Another bailor shall be close relative of the petitioner i.e. father/mother/brother/sister/son/daughter etc.

(iii) The Jail Authority shall release the petitioner only after his medical check- up.

(iv) The Civil Surgeon, Khunti, is directed to medically examine the petitioner at the time of his release and if requires, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(v) Petitioner shall appear before the learned trial court on each and every date fixed for his physical appearance, failing which, the trial court shall

cancel the bail bonds of the petitioner.

(vi) Petitioner shall also comply with all the guidelines issued by the Government so as to meet the challenges of Covid-19, as the country is passing

through Pandemic of Covid-19.