Jharkhand High Court
Dinesh Mistry @ Dinesh Kumar Sharma vs The State Of Jharkhand ...... Opp. Party on 13 April, 2022
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 159 of 2022
....
1. Dinesh Mistry @ Dinesh Kumar Sharma
2. Rameshwar Mistry @ Ramesh Kumar Sharma ...... Petitioners Versus The State of Jharkhand ...... Opp. Party
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the petitioners : Mr. Shailesh Kumar Singh, Advocate For the State : Mr. Santosh Kumar Shukla,A.P.P. ......
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
.....
04/13.04.2022 Heard learned counsel for the petitioner and learned APP for the State.
2. The present Criminal Revision has been filed by the petitioners for grant of bail for the offences under Sections 147/148/149/302/447/427/323 of the Indian Penal Code in connection with Dumri P. S. Case No. 18 of 2007 pending in the Court of Principal Magistrate, Juvenile Justice Board, Giridih
3. The present Criminal Revision Application has been filed for granted of bail on the ground of these petitioners after being declared juveniles on the date of occurrence.
4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and at the relevant point of time, they were juveniles and they were arrested after ten years. It is further submitted that no specific overt act is attributed against these petitioners. It is further submitted that entire family members have been made accused and the father of these petitioner have been convicted and sentenced to undergo R. I. for life and Criminal Appeal of the father of this petitioner is pending -2- before this Court. It is submitted that the petitioner no. 1, Dinesh Mistry @ Dinesh Kumar Sharma has been employed in Mahindra on the post of Cashier-cum-Accountant and his letter of Appointment dated 04.12.2017 is enclosed as Annexure-4 whereas the petitioner no. 2, Rameshwar Mistry @ Ramesh Kumar Sharma is employed in Future Lifestyle Fashions Ltd and his Appointment letter dated 13.10.2019 is enclosed as Annexure-5. It is further submitted that the petitioners have got no criminal antecedent and they have been made accused because of land dispute. It is submitted that they are in custody since 25.07.2021 and as such, they may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed the bail. It is submitted that these petitioners are apprehended after 14 years and they were declared absconders on 21.01.2010. It is further submitted that two persons were murdered and several witnesses have supported the occurrence. It is submitted that these petitioners have been arrested only after issuance of permanent warrant of arrest.
6. Perused the FIR and Lower Court Records and considered the submissions of both the sides.
7. It would appear from the FIR that the five (5) sons of late Lilo Mistri, who have been alleged to be made accused nos. 1 to 5 in the FIR, are alleged to have assaulted the husband of the informant and her son by deadly weapons and due to which they died. It would further appear from the FIR that no specific overt act is attributed against these petitioners. It also appears that these petitioners were minor at the time of occurrence. I have gone through the case diary, it appears that these petitioners and other co-accused can be treated as the member of the mob and no specific overt act is attributed against them, although, these -3- petitioner have been arrested after 14 years.
8. However, considering the fact that they have remained in custody for about more than eight months and considering the fact that no overt act is attributed against them, the petitioners namely Dinesh Mistry @ Dinesh Kumar Sharma and Rameshwar Mistry @ Ramesh Kumar Sharma are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Principal Magistrate, Juvenile Justice Board, Giridih or his successor, passed in connection with Dumri P. S. Case No. 18 of 2007.
(Sanjay Prasad, J.) Kamlesh/