High CourtsDivision Bench(2011) 12 JH CK 0055

Sahdeo Singh, Balram Machua and Birendra Singh vs The State of Jharkhand

Jharkhand High Court · Decided on 21 December 2011

HON’BLE JUDGES
Rakesh Ranjan Prasad, J · R.K. Merathia, J
CASE NUMBER
Criminal Appeal (D.B.) No. 1298 of 2006

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Judgment

13 paragraphs · 443 words

I. A. No. 2309 of 2011:

1.

This interlocutory application has been filed on behalf of appellant no. 2 - Balram Machua showing his surrender in terms of the order granting him provisional bail on 8.12..2011. A further prayer has been made for bail on the ground that similarly situated appellant no. 1 - Sahdeo Singh has been granted bail on 8.12.2011.

2.

No body appears for the State to oppose the prayer for bail.

3.

It appears that the bail of Balram Machua was earlier rejected on merits on 28.5.2009 by a Bench of which one of us was member.

4.

Accordingly, during the pendency of this appeal, the appellant above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the 1st Additional Judicial Commissioner, Khunti in connection with S. T. No. 613 of 1997 arising out of Tamar P. S. Case No. 114 of 1996 corresponding to G. R. No. 702 of 1996 on the conditions that (i) one of the bailors will be close relative of the appellant, & (ii) the other bailor will have landed property within the jurisdiction of the court.

5.

I. A. No. 2309 of 2011 stands disposed of.

6.

It was pointed out that I. A. No. 124 of 2010 stood infructuous.

7.Accordingly, it is disposed of.

I. A. No. 2202 of 2011:

8.

This interlocutory application has been filed on behalf of appellant no. 3 - Birendra Singh. It is submitted that the prayer for bail of this appellant was dismissed as not pressed on 30.01.2010 by another Bench, but it was rejected on merits on 28.05.2009 by a Bench of which one of us was a member. It is further submitted that the case of this appellant is on similar footing to the case of Sahdeo Singh who was granted bail.

9.

No body appears for the State.

10.

Accordingly, during the pendency of this appeal, the appellant above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the 1st Additional Judicial Commissioner, Khunti in connection with S. T. No. 613 of 1997 arising out of Tamar P. S. Case No. 114 of 1996 corresponding to G. R. No. 702 of 1996 on the conditions that (i) one of the bailors will be close relative of the appellant, & (ii) the other bailor will have landed property within the jurisdiction of the court.

11.

I. A. No. 2202 of 2011 stands disposed of.