Jharkhand High Court
Santosh Saha vs The State Of Jharkhand ..... Opp. Party on 16 September, 2020
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
A.B.A. No. 3951 of 2020
Santosh Saha ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)
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For the Petitioner : Mr. Raja Ravi Shekhar Singh, Advocate. For the State : Mr. Prabir Chatterjee, Spl.P.P.
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02/Dated: 16/09/2020 Heard, learned counsel for the petitioner, Mr. Raja Ravi Shekhar Singh.
Learned counsel for the petitioner has submitted that defect nos. 9 (i) to (iii), as per Stamp Reporting dated 31.08.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and prayed for hearing of the anticipatory bail application, as petitioner is apprehending his arrest during pandemic of Covid-19.
Considering the same, this Court is inclined to hear the instant anticipatory bail application on merits, but with condition that petitioner shall remove the defect(s) within 30 days after the physical court starts.
Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).
Learned counsel for the petitioner has submitted that the petitioner is apprehending his arrest in connection with Ranga P.S. Case No. 262/2019 corresponding to G.R. No. 2640/2019 for the offence registered under Sections 175/379 I.P.C., Sections 21(A) / 21(6) of Mines and Minerals (Development and Regulation) Act and 4/54 of Jharkhand Minor Mineral Concession Rules, 2004 as 13 trucks loaded with stone have been found by the informant without valid challan. The registration number of the petitioner's truck is mentioned at Sl. 12.
Learned counsel for the petitioner has submitted that there is ante-dated in the First Information Report, which will be apparent -2- from Page no.14 at second line in the right side of the page as the alleged occurrence is of dated 14.10.2019 whereas F.I.R. has been lodged on 15.11.2019 after a delay of one month and petitioner has no criminal antecedent.
Learned counsel for the petitioner has submitted that he will seek instruction from the petitioner with regard to the validity of paper with respect to the loaded stone on the truck and file an affidavit to that effect.
Learned counsel for the State, Mr. Prabir Chatterjee, Special Public Prosecutor has opposed the prayer for bail and has submitted that counter affidavit is necessary in this application, as there is loss of revenue to the State because royalty is not paid to the State and the stone, sand, chips are being illegally transported by the mafias through trucks, as such, petitioner may not be granted anticipatory bail. Since the royalty has not been paid, no interim protection may be granted to the petitioner.
Considering the rival submissions of the parties, looking into the fact and circumstances of the case, the State Counsel is directed to file detail counter affidavit with regard to delay in lodging the F.I.R. and with regard to payment of royalty, loss to the State as well as criminal antecedent of the petitioner Put up this case after four weeks.
(Kailash Prasad Deo, J.) Sunil-Jay/