Jharkhand High Court
Md. Hafiz @ Lallu vs The State Of Jharkhand .. ... Opp. ... on 14 February, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9510 of 2017
1.
Md. Hafiz @ Lallu
2.
Wasim Bachcha
3.
Noorul Haque @ Jhunna
4.
Firoz Khan ............ Petitioner(s).
Versus
The State of Jharkhand .. ... Opp. Party(s).
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) :Mr. R.S. Majumdar, Sr. Advocate Mr. Pratik Sen, Advocate.
For the State :A.P.P.
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05/14.02.2018: Heard the learned senior counsel for the petitioner(s).
The petitioners are accused for the offence under Sections 147, 148, 149, 151, 152, 153, 323, 341, 504, 506, 325, 307, 379, 427, 353, 332 and 120B of the Indian Penal Code.
It is alleged that these petitioners along with 100-150 others forming unlawful assembly protested against mob lynching and thereafter, the mob ransack several premises and police force was obstructed by the mob by using criminal force.
Senior counsel for the petitioners submits that there is no allegation against the petitioners and similarly situated persons have been granted bail by this Court. He further submits that the petitioners are in custody since May, July and November, 2017, respectively.
Learned A.P.P opposes the prayer for bail of the petitioners but does not controvert the aforesaid facts.
After going through the record, this Court finds that petitioner No. 4 -Firoz Khan was the leader of the mob therefore, I am not inclined to release the petitioner on bail at this stage. Accordingly, the bail of the petitioner namely, Firoz Khan is rejected.
So far as other petitioners are concerned, they are only the members of the mob and there is no specific overtact attributed to them, thus I am inclined to release them on bail. Accordingly, the petitioners, namely, Md. Hafiz @ Lallu, Wasim Bachcha and Noorul Haque @ Jhunna 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 the learned Judicial Magistrate, 1 st Class, Jamshedpur, in connection with Azad Nagar P.S. Case no. 38/2017, corresponding to G.R. No. 1430 of 2017.
Anu/-C.P.-3 (ANANDA SEN , J.)