Karma Oraon vs The State Of Jharkhand
2021 Latest Caselaw 594 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      B.A. No.563 of 2021

                 Karma Oraon                              ...              Petitioner
                                               Versus
                 The State of Jharkhand                  ...          Opposite Party

         Coram:      HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

         For the Petitioner          : Mr. Mohit Prakash, Adv.
         For the State               : Ms. Ruby Pandey, Addl. P.P.

02 /08.02.2021

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has been made accused in connection with Basia P.S. Case No. 91 of 2008, corresponding to G.R. No.999 of 2008(S.T. Case No. 11 of 2019) registered under sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and Section 17 of C.L.A. Act and Section 27 of Arms Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused person abducted and killed the son of the informant namely Balchand Sahu. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is not named in the F.I.R. and he has been implicated in this case only on the basis of confessional statement of co-accused-Birsa Kharia and Ganesh Sahu. Drawing attention of this Court at Annexure-2 which is the copy of the certified copy of the judgment passed by Additional Sessions Judge-II, Gumla in S.T. Case No.120 of 2009, in which the co-accused-Ganesh Sahu and Birsa Kharia @ Birsa Pahan have been acquitted vide order dated 24.06.2016 and there is no material in the record to implicate the petitioner in this case. It is next submitted that so far no witnesses have been examined in this case till date but charge has been framed against the petitioner. It is then submitted that the petitioner undertakes to co- operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 27.11.2011 in other case but he was produced in the present case on the basis of production warrant and remanded in this case on 26.08.2018 as mentioned in paragraph 11 of the bail application. Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Gumla in connection with Basia P.S. Case No. 91 of 2008, corresponding to G.R. No.999 of 2008(S.T. Case No. 11 of 2019 with the condition that he will co-operate with the trial of the case.

Pappu/                              (Anil Kumar Choudhary, J.)