High CourtsSingle Bench

Md. Nazir Ansari And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 30 September 2020 · Citation: (2020) 09 JH CK 0230

HON’BLE JUDGES
Ananda Sen, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307, 504 · Arms Act, 1959 — Section 27 · Criminal Law Amendment Act, 1932 — Section 17
CASE NUMBER
Bail Application No. 7060 Of 2020
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Judgment

10 paragraphs · 322 words

The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

Learned counsel for the petitioners prays to ignore the defects and take up the matter on merits.

Defects stand ignored for the present.

Heard the counsel for the parties.

The petitioners are accused for allegedly committing offence punishable under Sections 307, 504/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act.

Counsel for the petitioners submits that exactly similarly situated co-accused has been granted bail by a Coordinate Bench of this Court in B.A. No. 4814 of 2020.

Learned A.P.P. though opposes the prayer for bail but could not dispute the aforesaid fact.

Considering the submission that the exactly similarly situated co- accused has already been granted bail by a Coordinate Bench of this Court, I am inclined to enlarge the petitioners on bail. Accordingly, both the petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Principal District Judge, Ramgarh in connection with Ramgarh P.S. Case No. 294 of 2019 [G.R. No. 179/2020, S.T. No. 45/2020], subject to the condition that one of the bailers should be their close relative having sufficient landed property in his/her own name within the district of Ramgarh.

Further, I direct the Jail Authority that before releasing the petitioners from jail, the Jail Authority should get the petitioners tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioners and get them treated in the COVID Center by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.