Jharkhand High Court
Amit Kumar @ Ram Pravesh @ Amit Singh Aged ... vs The State Of Jharkhand on 19 February, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No.505 of 2024
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Amit Kumar @ Ram Pravesh @ Amit Singh aged about 32 years, son of Mungeshwar Singh, resident of village - Balgara Nawadih, P.O.- Kedli Kala, P.S.-Hunterganj, District- Chatra .... Appellant
-Versus-
The State of Jharkhand ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Suraj Kishore Prasad, Advocate
For the State : Mr. Pankaj Kr. Mishra, A.P.P.
.....
Order No.11/ Dated: 19.02.2025
1. An affidavit has been field by the Officer In-charge, Argora P.S. in pursuance of the order dated 29.01.2025.
2. It appears from the said affidavit that he had been conducted an enquiry and given a report as per Annexure-1 to the said affidavit wherein, it has been stated that at present, the father of the present appellant is ill, and he is not in a position to move. He is suffering from Sugar, Thyroid and Malaria and the Polio attack in the left hand, for which, treatment is going on at Sherghati and Gaya from where he has been referred for better treatment.
3. It has also been stated that at present, the mother of the present appellant is only member in the family who is not in a position to take care of her ailing husband.
4. This Court fails to understand that it was not the direction seeking a report from the concerned Officer-In-Charge of the concerned Police Station, rather, direction as per order dated 29.01.2025 was to seek instruction on Interlocutory Application being I.A. No. 567 of 2025, filed for grant of provisional Bail.
5. It appears from the Interlocutory Application wherein, the specific ground has been taken for suspension of sentence, provisionally for getting the eye of the father operated since the father of the appellant is suffering from cataract. The certificate to that effect has been appended having been issued by one hospital in Sherghati, in the District of Gaya (Bihar). There is no reference in the affidavit with respect to the issue of cataract.
6. The Officer In-charge, Argora Police Station, is to explain how can the affidavit filed by him which is said to be in compliance to the order dated 29.01.2025.
7. It is also be explained by him why he has submitted a report with respect to the issue of illness father instead of a conducting enquiry of ailment of father so far as the place to the issue of cataract.
8. The Officer In-charge, Argora P.S. is directed to appear in-person and to explain, so as to give an opportunity before passing further necessary order.
9. Let the said explanation be field by filed an affidavit and the officer In-charge, Argora P.S appear in-person on the next date of hearing.
10. Let the matter be listed on 25th February 2025.
(Sujit Narayan Prasad, J.) (Sanjay Prasad, J.) Avinash/Nishant