Karam Singh Munda vs State Of Jharkhand

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

by the Stamp reporting dated 10.07.2020, 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 15.01.2019.

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 the offence under Sections 109/114/124A/147/148/149/153(A)/153(B)/186/290/295(A)/30

2/307/341/342/323/324/325/353/120B of the Indian Penal Code and 27 of the Arms Act, prays for regular bail in connection with Khunti P.S. Case

No.99 of 2018 corresponding to G.R. No.241 of 2018.

Learned counsel for the petitioner has submitted that earlier prayer for bail of this petitioner was rejected by this Court vide order dated 08.07.2019

passed in B.A. No.4251 of 2019 and thereafter the petitioner has not moved before the Hon'ble Apex Court, but the co-accused, Vikash Tuti @

Vikash Munda has been enlarged on bail vide order dated 14.11.2019 passed by Co- ordinate Bench in B.A. No.5469 of 2019, as such, this Court may

also consider the prayer for bail of the petitioner who is in custody since 15.01.2019.

Learned counsel for the petitioner has further submitted that the petitioner is a Para-Teacher and he is in custody for a long period, 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 has flawed the Indian Constitution and the

law, as such, he may not be allowed to enlarge on bail.

Considering the rival submissions of the parties and considering the period of custody of the petitioner since 15.01.2019 and the petitioner is a Para-

Teacher and co-accused, Vikash Tuti @ Vikash Munda has been enlarged on bail vide order dated 14.11.2019 passed by Co-ordinate Bench in B.A.

No.5469 of 2019, as such, the petitioner above-named, is directed to be released on regular bail, on furnishing bail bonds of Rs.25,000/- (twenty five

thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khunti, in connection with Khunti P.S.

Case No.99 of 2018 corresponding to G.R. No.241 of 2018, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present petition, namely, Muchiray Munda, S/o Karam Singh Munda, R/o Village- Ghaghra, P.O.-

Anigara, P.S. Khunti, District- Khunti, having his UID NO.8897 4957 7891 Office is directed to send photocopy of the UID Card bearing No.8897

4957 7891 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 Mukhiya Sarpanch/ member of the ward parishad or Village Panchayat Samittee of village of petitioner.

(iii) Petitioner shall appear before the Khunti Police Station on every first Monday of each English calendar month at 11.30 a.m. and he shall put his

signature on a register kept for the said purpose by the Officer-in-Charge, Khunti Police Station.

(iv) Petitioner shall not indulge himself in any unlawful activities and if such report is found by the Police, the State may prefer an application for

cancellation of his bail.

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

(vi) The Civil Surgeon, Khunti, is directed to medically examine the petitioner at the time of his release and if it 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.

(vii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which, the trial court shall cancel the

bail bonds of the petitioner.

(viii) 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.