Jharkhand High Court
Mohan Pasi @ Mohan Chaudhary vs The State Of Jharkhand on 16 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 8427 of 2021
------
1. Mohan Pasi @ Mohan Chaudhary
2. Mukesh Kumar Rai @ Mukesh Rai
3. Jatla Pasi @ Jatta Pasi @ Praveen Pasi ... Petitioners
Versus
The State of Jharkhand ... Opposite Party
------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Shailendra Jit, Advocate
For the State : Mr. Shiv Shankar Kumar, Addl. P.P.
------
Order No.02 Dated- 16.11.2021
Heard the parties.
Learned counsel for the petitioners personally undertakes to
remove the defects as pointed out by the stamp reporter within two
weeks.
In view of the personal undertaking of the learned counsel for
the petitioners, the defects pointed out by the stamp reporter are
ignored for the present.
Apprehending their arrest, the petitioners have moved this
Court for grant of privilege of anticipatory bail in connection with
Giridih (M) P.S. Case No.161 of 2021 registered under sections 447/
341/323/186/189/332/379/511/34 of the Indian Penal Code.
The Learned counsel for the petitioners submits that the
allegation against the petitioners is that the petitioners were
committing theft of coal from open cast colliery of Central Coalfields
Limited and when the informant forbade them, the petitioners along
with other co-accused persons in furtherance of common intention
assaulted the informant with coal, stone and danda due to which, he
sustained injury on his hand and waist. It is further submitted that
the allegations against the petitioners are all false and the petitioners
have not committed any theft. It is next submitted that though the
petitioners are involved in some other cases but they have been
acquitted in one of the cases and in this respect, learned counsel for
the petitioners draw the attention of this Court to Annexure-2 which
is copy of the judgment dated 18.07.2017 passed in Sessions Trial
No.57 of 2017 passed by the Additional Sessions Judge-VI, Giridih. It
is then submitted that the petitioners are ready and willing to jointly
pay Rs. 60,000/- to the informant without prejudice to their defence
in this case, subject to final decision of the case and undertake to
cooperate with the investigation of the case. Hence, it is submitted
that the petitioners be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory
bail.
Considering the submissions of the counsels and the fact as
discussed above, I am of the opinion that it is a fit case where the
above named petitioners be given the privilege of anticipatory bail.
Hence, in the event of their arrest or surrender within a period of six
weeks from the date of this order, they shall be released on bail on
jointly depositing a demand draft of Rs. 60,000/- drawn in favour of
informant without prejudice to their defence in this case, subject to
final decision of the case and on furnishing bail bond of Rs. 25,000/-
(Rupees Twenty Five Thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Giridih, in
connection with Giridih (M) P.S. Case No.161 of 2021 with the
condition that the petitioners will cooperate with the investigation of
the case and appear before the Investigating Officer as and when
noticed by him and will furnish their mobile numbers and a copy of
their Aadhar Cards in the court below with the undertaking that they
will not change their mobile numbers during the pendency of the
case subject to the conditions laid down under section 438 (2) Cr. P.C.
In case, the petitioners deposit the aforesaid demand draft, the
court below is directed to issue notice to the informant and hand over
the said demand draft to him, after proper identification.
At the time of conclusion of the trial, the trial court will pass
appropriate order regarding the money if any, deposited by the
petitioners with the informant in connection with this case.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
