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Sadik Ansari @ Rustam vs State of Jharkhand

Jharkhand High Court · Decided on 5 August 2020 · Citation: (2020) 08 JH CK 0164

HON’BLE JUDGES
Deepak Roshan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 307, 452 · Arms Act, 1959 — Section 27
RESULT
Allowed
CASE NUMBER
Bail Appeal NO.4543 OF 2020
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Judgment

8 paragraphs · 350 words
1.

Heard learned counsel for the parties through V.C.

2.

As prayed for by the learned counsel for the petitioner, the defects as pointed out by the registry are hereby ignored for the time being.

3.

The instant application has been preferred by the petitioner for grant of regular bail in connection with Bhandariya P.S. Case No.27 of 2001, corresponding to G.R. No.576 of 2001, S.T. No.14E of 2007, registered under Sections 147, 148, 149, 452, 307 of the IPC and Sections 27 of the Arms Act, which is pending before the learned Additional Sessions Judge-I, Garhwa.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He further submits that the petitioner has not been arrested rather he has voluntarily surrender before the court below and no incriminating articles has been recovered from his possession. He further submits that the co-accused having similar allegation has been granted bail by this Court in B.A. No.2723 of 2019.

5.

Learned A.P.P. on the other hand opposes the prayer for bail of the petitioner.

6.

In view of the facts and circumstances of the case, the petitioner is directed to be released on bail. At present, the petitioner shall be released on furnishing personal bail bond of Rs.5,000/-(Five Thousand Only), thereafter, when the Lockdown period is over, the petitioner shall furnish bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Garhwa, in connection with Bhandariya P.S. Case No.27 of 2001, corresponding to G.R. No.576 of 2001, S.T. No.14E of 2007, within a period of one month from the date of lifting of Lockdown.

7.

Further, the petitioner shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins till then, the petitioner shall register his presence before the concerned police station fortnightly, failing which the learned trial court shall be at liberty to cancel his bail.

8.

With the aforesaid directions, this bail application is allowed and disposed of.