Citation : 2021 Latest Caselaw 239 Jhar
Judgement Date : 18 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 11133 of 2020
Shankar Munda @ Sanker Munda ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. J.N. Upadhyay , Adv.
For the State : Mr. V. Roy , Addl. P.P.
02 / 18.01.2021
Heard the parties through Video Conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.
In view of the personal undertaking given by 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 Sessions Trial No. 454 of 2019 arising out of Dhalbhumgarh (Gurabanda) P.S. case no. 41 of 2005 registered under Sections 3/4 of the Explosive Substance Act and Section 17 CLA Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner along with the other extremists planted can bomb with an intention to cause damage to the life and properties of the police team. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that nothing has been recovered from the possession of the petitioner. It is further submitted by learned counsel for the petitioner that this is very old case and the petitioner has been in jail custody since 30.10.2018 as mentioned in paragraph 13 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case and co-accused after trial has already been acquitted vide judgment dated 17.02.2018 passed by learned Additions Sessions Judge, Ghatsila in S.T. case no. 337 of 2011 hence, the petitioner may be released on bail.
Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, the petitioner is directed to be released 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-1, Ghatsila in connection with Sessions Trial No. 454 of 2019 arising out of Dhalbhumgarh (Gurabanda) P.S. case no. 41 of 2005 subject to the condition that the petitioner will co-operate with the trial of the case.
(ANIL KUMAR CHOUDHARY, J.) Smita/-
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