Jharkhand High Court
Mukesh Kumar Mandal @ Mukesh Kr. Mandal vs The State Of Jharkhand ... ... Opposite ... on 3 October, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 465 of 2024
Mukesh Kumar Mandal @ Mukesh Kr. Mandal, son of Ajay Kumar Mandal,
resident of village Tarkhuta, PO and PS: Poraiyahat, Godda ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner : Mrs. Ritu Kumar, Advocate;
Mrs. Shatakshi, Advocate
For the State : Mrs. Amrita Kumari, APP
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rd
Order No.03/Dated: 3 October, 2024
IA No. 4276 of 2024
When the matter is called out, the learned counsels for the
parties are present.
The present interlocutory application has been filed on behalf of
the petitioner for grant of bail during pendency of the instant criminal
revision which was filed against the judgment and order dated 18.10.2023
passed by the learned Judicial Magistrate,1st Class, Dumka in Cr. Appeal No.
75 of 2023, arising out of GR Case no.47 of 2023, corresponding to TR case
no. 1685 of 2023.
learned counsel for the petitioner has submitted that out of seven
witnesses examined by the prosecution, five are police witnesses and P.W. 6
and P.W.7 are the two independent witnesses whom the prosecution has
examined to prove the seizure and arrest of petitioner and co-accused Jairam
Mandal. The seizure witnesses P.W.6 and P.W. 7 have very categorically
stated in their evidence that nothing was seized in their presence and that they
were asked to put their signature on a blank paper. P.W. 6 has stated that he
had only put his signature on a paper and he had no knowledge as to what
was written on the same. Further P.W. 7 has stated categorically that his
signature was obtained on a blank paper. The learned counsel has further
stated that out of three years of maximum imposed sentence the petitioner
has remained in custody more than two years and, therefore, he may be
released on bail.
The learned counsel for the State has opposed the prayer for bail.
Having heard the learned counsels for the parties, noted their
submissions and considering the period spent by the petitioner in custody and
in the facts and circumstances of the case, the petitioner, named above, is
ordered to be released on bail, during pendency of the criminal revision, on
executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only)
with two sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate,1st Class, Dumka in Cr. Appeal No. 75 of 2023, arising
out of GR Case no.47 of 2023, corresponding to TR case no. 1685 of 2023.
Accordingly, I.A. No. 4276 of 2024 is allowed and disposed of.
(Ratnaker Bhengra, J.)
KNR
