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Md. Amir Ali @ Md. Amir vs State Of Jharkhand

Jharkhand High Court · Decided on 10 August 2020 · Citation: (2020) 08 JH CK 0034

HON’BLE JUDGES
Kailash Prasad Deo, J
CASE NUMBER
B.A. No. 4830 of 2020

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Judgment

19 paragraphs · 361 words

Learned counsel for the petitioner has submitted that there is defect(s) being defect No.9(i) in the instant bail application, as pointed out by the Stamp

reporting dated 06.07.2020, 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.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioner shall remove the defect 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 Section 357 of the Indian Penal Code and Section 25(1-b)a/26/27/35 of the Arms Act, 1959, prays

for regular bail in connection with Sahibganj (M) P.S. Case No.57 of 2020.

Learned counsel for the petitioner has submitted that the FIR has been lodged against six named accused persons and the name of the petitioner got

transpired on the basis of confessional statement disclosed by the apprehended accused and the petitioner has been falsely implicated in this case.

Learned counsel for the State has opposed the prayer for regular bail as this petitioner is also accused in connection with Sahibganj (M) P.S. Case

No.56 of 2020 registered under Sections 364A, 379 of the Indian Penal Code. Further learned counsel for the State has submitted that the petitioner

absconded from the from the place of occurrence and his involvement was found in the present case, as such, a detail counter- affidavit is required to

be filed in this case. Petitioner's another bail application vide B.A. No. B.A. No.4818 of 2020 is pending before this Hon'ble Court.

Considering the rival submissions of the parties, learned counsel for the State is directed to file counter-affidavit along with the criminal antecedent

report of the petitioner.

Put up this case after four weeks along with B.A. No.4818 of 2020.