Jharkhand High Court
James Murmu @ Jems Murmu vs State Of Jharkhand .... .... Opp. ... on 10 December, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8981 of 2018
James Murmu @ Jems Murmu .... .... Petitioner(s).
Versus
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. Rajiva Sharma, Senior Advocate Mr. Sunil Kumar Mahto, Advocate FOR THE STATE : A.P.P.
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03/10.12.2018 Heard learned counsel for the parties.
The petitioner is an accused for allegedly committing an offence punishable under Sections 420, 406, 120(B), 467, 468 of the IPC.
Petitioner is an employee of Bengal Emta Coal Company, which had acquired lands of Jamabandi 23 of village Pachuwara district Pakur. It is stated that during acquisition, proper inquiry was made. After inquiry, it was found that Shiv Lal Kisku was the descendent of the said Raiyat JB No. 23 and the amount was paid to him.
Counsel for the petitioner submits that now some stranger is claiming that the Raiyat dies issueless and the person who received the compensation is a fraud.
Learned A.P.P. opposes the prayer for bail and submits that petitioner in connivance with Shiv Lal Kisku has created forged documents and on that basis compensation amount was transferred to him.
After considering the submissions of the petitioner and the learned APP, prima facie I find that after proper inquiry land acquisition officer had disbursed money to Shiv Lal Kisku. It was found that he is the descendants of the Raiyat of JB No. 23. Petitioner happens to be the employee of Bengal Emta Coal Company. There is nothing on record to suggest that he has benefited because of the said acquisition.
Considering the aforesaid facts, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Pakur in connection with Amrapara Police Station Case No. 48 of 2018.
(ANANDA SEN , J) anjali/ C.P 3