Ram Eqbal Pal Alias Awadhesh Pal vs The State Of Jharkhand on 27 February, 2017

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Jharkhand High Court

Ram Eqbal Pal Alias Awadhesh Pal vs The State Of Jharkhand on 27 February, 2017

Bench: Rajesh Shankar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    B.A. No. 8123 of 2016

     Ram Eqbal Pal @ Awadhesh Pal, son of Mahgu Pal, resident of 
     villageNai   Muhalla,   Nawatoli,   P.O.Daltonganj,   P.S.Daltonganj, 
     DistrictPalamau (Jharkhand)                ...  ...     Petitioner
                                    Versus 
     The State of Jharkhand                      ...  ...       Opposite Party
     CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
                                        
     For the Petitioner                 : Mr. Surendra Pd. Sinha, Advocate
     For the State                      : Mr. Sudhansu Kumar Deo, A.P.P.
                                        
04/27.02.2017

Heard the learned counsel for the parties.

The petitioner is an accused in a case registered under Sections 147/148/149/302/307/333/171/120B/216 of the Indian Penal Code, Sections 25(1b)a/26/27 of the Arms Act, Sections 3/4 of the Explosive Substance Act and Section 17 of the Criminal Law Amendment Act.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. It is alleged that there had been exchange of fire between the police party and the extremist group in which one police personnel and three extremists were killed. The petitioner was not apprehended by the police party at the place of occurrence. His name has surfaced on the alleged confessional statement of coaccused Lochi Bhuiyan and others, who were apprehended on the spot. The main submission of the learned counsel for the petitioner is that coaccused Prithvi Dusadh @ Suman whose bail application was earlier rejected by a coordinate Bench of this Court, on renewal of his prayer for bail, has been granted bail vide order dated 07.05.2013 in B.A. No. 3593 of 2013, primarily on the ground that other coaccused persons who were initially apprehended by the police were put on trial and after conclusion of the trial, the said accused persons were acquitted as per the provisions of Section 232 of Cr.P.C. in S.T. No. 55 of 2006. Another named coaccused Naresh Rajwar has also been granted bail by a coordinate Bench of this Court vide order dated 09.03.2006 in B.A. No. 286 of 2006. The petitioner is in judicial custody since 04.05.2007 i.e., about 10 years and at least considering the long judicial custody of the petitioner, he may be given the privilege of regular bail.

The learned A.P.P. opposes the petitioner's prayer for bail.

Earlier, a status report regarding the stage of the trial was called for from the concerned court below, which has now been received. On perusal of the report of District & Additional sessions JudgeVI, Garhwa dated 15.02.2017, it appears that out of 26 chargesheet witnesses, only 8 witnesses have been examined so far.

Considering the fact that the petitioner is in judicial custody since 04.05.2007, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs.10,000/ (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, VI, Garhwa, in connection with S.T. No. 55(A) of 2006, arising out of Manjhion P.S. Case No. 02 of 2001, corresponding to G.R. No. 17 of 2001, subject to the condition that the petitioner shall cooperate in the trial and shall be physically present before the trial court as and when his presence is required, failing which the trial court shall be at liberty to pass appropriate order in accordance with law.

(Rajesh Shankar, J.) Manish

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