Jharkhand High Court
Jaglal Kherwar vs The State Of Jharkhand ... Opposite ... on 16 December, 2022
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 11000 of 2022
Jaglal Kherwar ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner :- Mr. Rajesh Kumar, Advocate
For the State :- Mr. Shiv Shankar Kumar, APP
...
05/16.12.2022:
Heard both the counsels.
This bail application has been filed on behalf of the above-named petitioner with prayer to release on bail in connection with Serengdag PS Case No.05 of 2022 under sections 147, 148, 149, 323, 341, 328, 302, 201 of the Indian Penal Code and sections 3/4 of the Prevention of Witch (Daain) Practices Act pending in the Court of the learned Judicial Magistrate, 1st Class, Lohardaga.
The learned counsel for the petitioner has submitted that the FIR of this case was lodged against 27 named accused including the petitioner and 15 to 20 unknown persons with the allegations that all the named accused and unknown accused had assaulted to the mother of the informant to whom they had been branding as a witch and had alleged to practice witchcraft. All the assailants after having committed the murder of mother of informant had thrown her dead body.
The learned counsel for the petitioner has further submitted that general and omnibus role has been assigned to all the 27 named accused including the petitioner and 20 to 25 unknown persons. No specific role has been assigned to the petitioner. Indeed it was a case of mob lynching. The petitioner has been languishing in jail since 10.06.2022. One co-accused, namely, Keshwar Kherwar in BA No.10143 of 2022 has been released on bail vide order dated 02.11.2022.
The learned APP appearing on behalf of the State has vehemently opposed the contentions made by the learned counsel for the petitioner.
Having gone through the records of the case and the arguments advanced by the learned counsel for both the sides, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Lohardaga in connection with Serengdag PS Case No.05 of 2022 subject to the conditions that (i) the petitioner will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned Court below which he will always keep active and will not change it during pendency of this case without prior permission of the Court and (ii) the petitioner shall report to the concerned police station on last Saturday of every month between 1:00 PM and 5:00 PM in the next twelve months, failing which his bail bonds shall be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.
Let a copy of this order be delivered to the concerned Superintendent of Police.
(Ratnaker Bhengra, J.) S.B.