Mahendra Singh Kharwar vs State Of Jharkhand on 6 March, 2012

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Jharkhand High Court

Mahendra Singh Kharwar vs State Of Jharkhand on 6 March, 2012

Bench: H.C. Mishra

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         B.A. No. 1355 of 2012

          Mahendra Singh Kharwar                     .....    Petitioner
                                 Versus
          The State of Jharkhand                     ....       Opposite Party

          CORAM:      HON'BLE MR. JUSTICE H.C. MISHRA

          For the Petitioner             :Mr. Jitendra S. Singh
          For the State                  :A. P.P.

                                 -----
02/06.03.2012

Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution.

Petitioner has been made accused for the offence under Sections 147, 148, 149, 353, 307, 171 of the Indian Penal Code and Sections 25 (1-B)(a), 26, 27,35 of the Arms Act and Section 3, 4, 5 of the Explosives Substance Act and Section 17 of the Criminal Law (Amendment) Act, in connection with Ranka P.S. Case No. 70 of 2006, corresponding to G.R. No. 1000 of 2006 (S. T. No. 228 of 2011).

From the F.I.R., it appears that there was encounter between the extremists group and the Police party in which there was heavy exchange of fire between them and it also appears that two persons of the extremists group had died in the occurrence, thereafter, the extremists managed to flee away and several incriminating articles, arms, ammunitions and explosives material, copies in which the description of the extremists and their expenditure and one letter allegedly written by this petitioner were recovered and it appears from the F.I.R. that there was no injury on the Police side.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case only on the basis of a letter which was recovered in the name of Mahendra and the petitioner is in custody since 24.11.2010 and, accordingly, has prayed for bail.

In the facts and circumstances of the case, particularly taking into consideration of the period of custody of the petitioner, I am inclined to release the petitioner on bail. Accordingly, the petitioner Mahendra Singh Kharwar is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge- I, Garhwa, in connection with Ranka P.S. Case No. 70 of 2006, corresponding to G.R. No. 1000 of 2006 (S. T. No. 228 of 2011).

(H. C. Mishra, J) Umesh/-

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Jharkhand High Court