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Dhiren Singh vs State of Jharkhand

Jharkhand High Court · Decided on 10 February 2012 · Citation: (2012) 02 JH CK 0079

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, J
ACTS & SECTIONS REFERRED
Arms Act, 1959 — Section 27 · Criminal Law (Amendment) Act, 1932 — Section 17 · Criminal Procedure Code, 1973 (CrPC) — Section 439, 440 · Explosive Substances Act, 1908 — Section 3, 4 · Penal Code, 1860 (IPC) — Section 147, 148, 149, 307, 353
RESULT
Allowed
CASE NUMBER
B.A. No. 6823 of 2011
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Judgment

12 paragraphs · 366 words

D.N Patel

1.

This application has been preferred under Sections 439 and 440 of the Code of Criminal Procedure, 1973 in connection with the offence registered with Ghatshila P.S. Case No. 96 of 2008, corresponding to G.R. No. 360 of 2008 for the offences under Sections 147, 148, 149, 353, 307 of the Indian Penal code, Section 27 of the Arms Act, Section 3/4 of the Explosives Substance Act and Section 17 of the C.L.A. Act.

2.

Having heard learned counsel for both sides and looking to the evidences collected during course of the investigation and also looking to the fact that similarly situated other co-accused persons are enlarged on bail vide orders dated 11th March, 2011 in Bail Application No. 937 of 2011 as well as in Bail Application No. 1416 of 2011, there is reasonable ground to enlarge the applicant on bail.

3.

In view of these facts, I, hereby, allow this bail application. The petitioner, above named, is directed to be enlarged on bail in connection with the offence registered with Ghatshila P.S. Case No. 96 of 2008, corresponding to G.R. No. 360 of 2008 on his executing a bond of Rs. 10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower court (learned Chief Judicial Magistrate, Ghatshila) and subject to the conditions that he shall:-

(a) not to take undue advantage of his liberty or abuse his liberty;

(b) not act in a manner injurious to the interest of the prosecution;

(c ) maintain law and order

(d) shall mark his presence before Ghatshila Police Station on every first day of English calender month between 9.00 a.m. to 2.00 p.m.;

(e) not leave the State of Jharkhand without the prior permission of the Court concerned;

(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

(g) surrender his passport, if any, to the lower court within a week.

4.

If breach of any of the above conditions is committed, the court below concerned will be free to issue warrant or to take appropriate action in the matter.