Pramod Saw vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defect nos.3, 4 and 5(e), 9(i) to 9(vi) in the bail application as pointed out by the stamp reporter but he has filed an undertaking that he shall remove the defects within 30 days after the physical court starts and prayed for hearing of the anticipatory bail application, as petitioner is apprehending his arrest during pandemic of Covid-19.

Considering the same, this Court is inclined to hear the anticipatory bail application on merits, but with condition that petitioner shall remove the defects within 30 days after the physical court starts. Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defects. Heard, learned counsel for the petitioner, Mr. Kamdeo Pandey and learned counsel for the State, Mr. P.K. Chatterjee.

Learned counsel for the petitioner has submitted that petitioner is apprehending his arrest in connection with Bagodar P.S. Case No.38 of 2020, dated 13.03.2020, for the offence registered under Sections 379/413/414/34 IPC and 30(ii) of Coal Mines Act.

Learned counsel for the petitioner has submitted that as per the FIR, it is alleged that police has received secret information that 50-60 tones of illegal coal were kept in a place.

Learned counsel for the petitioner has submitted that petitioner has categorically stated in para 10 of the bail application that he has no connection with the seized coal nor he is claiming the same rather on the basis of some interested persons his name has been disclosed in statement recorded under Section 161 Cr.P.C., which was made basis for implicating this petitioner though the petitioner has no criminal antecedent, as such, no case under Section 413 IPC is made out nor any case, as alleged in the FIR, is made out against the petitioner, as such, petitioner may be enlarged on anticipatory bail.

Learned counsel for the State has opposed the prayer for bail and has submitted that on the basis of secret information the Police has seized 50-60 tonnes of coal and on the basis of disclosure made by the independent witnesses, the name of the petitioner has been mentioned, as such, the petitioner does not deserve to be enlarged on anticipatory bail. Considering the rival submission of the parties and looking to the facts and circumstances of the case and the petitioner is not claiming the said coal nor he has any criminal antecedent, as such, no case under Section 413 IPC is made out and there is no material to connect the petitioner with alleged offence, as such, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, petitioner [Pramod Saw] is directed to surrender before the court below within eight weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Giridih in connection with Bagodar P.S. Case No.38 of 2020, subject to the conditions, as laid down under Section 438(2) Cr.P.C and also on the following conditions:-

(i) One of the bailors shall be deponent/pairvikar of the present case namely, Chhotan Saw, S/o Pramod Saw, R/o Village- Jarmune, P.O. and P.S.- Bagodar, District- Giridih (Jharkhand), who has furnished photocopy of his UID Card bearing No.2539 5422 4621 before this Court in the bail application. Office is directed to send photo copy of the UID Card bearing No. 2539 5422 4621 of deponent along with this order to the court below so as to verify the authenticity of the bailor.

Another bailor shall be wife/father/mother/son/sister/brother. Further, the State authority shall file an application before the nearest General Manager of BCCL/ CCL, Giridih to hand-over the said coal of 50-60 tonnes so that Government may not face any loss.

Officer-in-Charge, Bagodar Police Station, Giridih is directed to ensure that the coal must be shifted to the nearest company of BCCL/ CCL, Giridih within a period of 90 days from today.

Let a copy of this order be communicated through "FAX" to the Superintendent of Police, Giridih for necessary compliance. Accordingly, the instant anticipatory bail application is hereby allowed.