Michael Hembrom @ Tiger vs The State Of Jharkhand
2022 Latest Caselaw 892 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B.A. No.1489 of 2022
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Michael Hembrom @ Tiger .... .... .... Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Petitioner           : Mr. R.S. Mazumdar, Sr. Advocate
     For the State                : Mrs. Nehala Sharmin, Addl.P.P
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     Order No.02 Dated- 07.03.2022
             Heard the parties.

Learned senior counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks from the date of this order.

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

Apprehending his arrest in connection with Dumka Muffassil P.S. Case No. 92 of 2014 corresponding to G.R. No. 926 of 2014 instituted under Sections 341, 323, 324, 307, 506, 34 of the Indian Penal Code and charge sheet has been submitted under Sections 147, 149, 341, 323, 324 and 302 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being member of unlawful assembly and in prosecution of the common object of the assembly committed murder of the deceased namely Sandeep Sharma and assaulted others. 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 though the co-accused -Visal Pal @ Kamal Pal and Arun Pal who have faced the trial in S.T. Case No.30 of 2015 and vide judgment dated 21.11.2019, have been convicted by the Additional Sessions Judge-II, Dumka but drawing attention of this Court to the depositions of nineteen witnesses examined in this case, the copies of which has been kept at Annexure-4 page nos.34-67 of the brief, it is submitted that therein it has been mentioned that the none of the witnesses has taken the name of the petitioner to be involved in the alleged occurrence. It is next submitted that suddenly on 25.09.2021, learned Chief Judicial Magistrate, Dumka has ordered to issue non-bailable warrant of arrest against the petitioner in this case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Dumka in connection with Dumka Muffassil P.S. Case No. 92 of 2014 corresponding to G.R. No. 926 of 2014 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Choudhary, J.) Pappu/