Pankaj Jee @ Gulab Ganjhu vs State Of Jharkhand

Counsel for the petitioner and the learned A.P.P. for the State are present through Video Conferencing. 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 complain with respect to the audio and video clarity and quality.

Counsel for the petitioner prays to ignore the defects and to take up this case on merits.

Accordingly, the defects are ignored for the present. Petitioner is an accused for allegedly committing the offence punishable under Sections 25(1-b)A, 26, 35 of the Arms Act, Section 17 of the Criminal Law Amendment Act in connection with Mohammadganj Police Station Case No. 44 of 2018, pending in the Court of learned Sub Divisional Judicial Magistrate, Palamau at Daltonganj.

Some extremists were apprehended, who disclosed the name of this petitioner as their colleague. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 10.06.2020. Chargesheet has already been submitted.

Considering the aforesaid facts, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Pankaj Jee @ Gulab Ganjhu, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Palamau at Daltonganj in connection with Mohammadganj Police Station Case No.44 of 2018 subject to the condition that one of the bailers must be a close relative of the petitioner, having sufficient landed property in his own name, with further conditions that

(i) petitioner will appear and mark his attendance before the Officer-in-Charge, Mohammadganj Police Station, Palamau once a month; and (ii) petitioner will not change his place of residence without the leave of the Court below; failing which, the Officer-in-Charge concerned / Court below will be at liberty to take all steps for re-arresting of the petitioner.

I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Centre 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.