Kobad Gandhy @ Arvind @ Kartik Ansari vs The State Of Jharkhand ..... Opp. Party on 11 April, 2019

[Cites 24, Cited by 0]

Jharkhand High Court

Kobad Gandhy @ Arvind @ Kartik Ansari vs The State Of Jharkhand ..... Opp. Party on 11 April, 2019

Bench: Anant Bijay Singh

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
               B.A. No. 3810 of 2018

Kobad Gandhy @ Arvind @ Kartik Ansari
@ Sali @ Rajan @ Kisor               ..... Petitioner
                       Versus
The State of Jharkhand               ..... Opp. Party
                       WITH
              B.A. No. 5994 of 2018

Kobad Gandhy @ Arvind @ Kartik Ansari
@ Kamal @ Salim @ Rajan @ Kisor           ..... Petitioner
                        Versus
The State of Jharkhand                    ..... Opp. Party
                         ---------

CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

---------

For the Petitioners : Mr. Jitendra Shankar Singh, Advocate.

For the State           : A.P.P.
                     ---------
Reserved On : 03/04/2019           Pronounced On :11/04/2019

Both the bail applications are heard together. Heard learned counsel for the petitioner as well as learned APP for the State.

On 19.02.2019, both the bail applications were heard together and office was directed to call for reports from the trial courts in both the cases as to what steps were taken for obtaining sanction from the concerned authority as per Section 45 of the Unlawful Activities (Prevention) Act, 1967 before taking the cognizance of the offences under Sections 10 / 13 of U.A.P. Act.

Further, on 07.03.2019, the reports dated 28.02.2019 submitted by Sri Uttam Anand, learned Additional Sessions Judge-I, Bermo at Tenughat were perused and the copy of order dated 19.02.2019, order dated 07.03.2019 and report dated 28.02.2019 was sent to the learned Registrar General, High Court of Jharkhand, who was directed to enquire into the matter and disclose the name of A.C.J.M., who was posted on 17.07.2007 as A.C.J.M., Bermo at Tenughat (Bokaro) In- charge, who has taken cognizance and further disclose the name of officer posted on 16.03.2018 as A.C.J.M., Bermo at Tenughat before him supplementary charge-sheet no. 23/18 dated 12.03.2018 was submitted which was seen by him on that date and then it was sent to the commital court of Sri S.N. Kujur, J.M., 1st Class, Bermo at Tenughat on 17.03.2018 and the matter was directed to be listed on 03.04.2019 along with report of learned Registrar General.

-2-

Perused the report dated 26.03.2019 submitted by learned Registrar General. According to the report, Sri Brij Mohan Singh was posted as ACJM, Bermo at Tenughat during the period 27.07.2006 to 17.05.2010 and subsequently retired from the post of District and Additional Sessions Judge, Koderma on 30.11.2014. Sri Rakesh Kumar was posted as ACJM, Bermo at Tenughat for the period 02.05.2016 to 04.06.2018 presently posted as Civil Judge, Senior Division-I- cum-ACJM, Bokaro.

B.A. No. 3810 of 2018

The petitioner is an accused in Bokaro Thermal P.S. Case No. 25 of 2007, corresponding to G.R. No. 259 of 2007, registered for the offences under Sections 147, 148, 149, 324, 326, 436, 380, 307, 353, 302 of the Indian Penal Code, section 27 of the Arms Act, Sections 3 / 4 / 5 of Explosives Substance Act, Sections 10/13 of Unlawful Activities (Prevention) Act and Section 17 (i)(ii) of Criminal Law Amendment Act, pending in the court of learned Judicial Magistrate, 1 st Class, Bermo at Tenughat.

In terms of order dated 16.01.2019, a fresh report from the court below has been received.

From perusal of status report dated 23.01.2019 submitted by Additional Sessions Judge-I, Bermo at Tenughat, it reveals that charges have been framed under Sections 147 / 148 / 324 / 326 / 436 / 380 / 307 / 353 / 302 / 149 of I.P.C., Section 27 of Arms Act, Sections 3 / 4 / 5 of Explosive Substances Act, Section 10 / 13 of U.A.P. Act and Section 17 of C.L.A. Act against the petitioner.

Be that as it may, keeping in view that charges have been framed and trial will take some time, I am inclined to admit the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bermo at Tenughat, in connection with Bokaro Thermal P.S. Case No. 25 of 2007, corresponding to G.R. No. 259 of 2007, subject to the following conditions:-

(i) One of the bailer shall be a local resident of Bokaro district and another bailer shall be a public servant / central -3- government employee / Jharkhand government employee.

(ii) Petitioner is directed to submit his passport, if any in the court below on the date of furnishing bail bonds.

(iii) Petitioner is further directed that alongwith the bail bonds, he will furnish his Cell number and xerox copy of Aadhar Card in the court below.

(iv) Petitioner is directed to remain physically present before the trial court on each and every date till conclusion of the trial, failing which the trial court will be at liberty to cancel the bail bonds of the petitioner.

B.A. No. 5994 of 2018

The petitioner is an accused in Nawadih P.S. Case No. 87 of 2006, corresponding to G.R. No. 874 of 2006, registered for the offences under Sections 147, 148, 149, 353, 307, 324, 326, 431, 440, 302, 120B of the Indian Penal Code, Sections 3 / 4 / 5 of Explosives Substance Act, Sections 10/13 of Unlawful Activities (Prevention) Act and Section 17 (i)(ii) of Criminal Law Amendment Act, pending in the court of learned Chief Judicial Magistrate, Bermo at Tenughat.

In terms of order dated 22.01.2019, a status report from the court below has been received.

From perusal of status report dated 30.01.2019 submitted by Additional Sessions Judge-I, Bermo at Tenughat, it reveals that charges have been framed under Sections 147, 148, 353/149, 397/149, 307/149, 324/149, 326/349, 431/149, 440/149, 302/149, 140B/149 of I.P.C., Sections 3 / 4 / 5 of Explosive Substances Act, Section 17 of C.L.A. Act and Section 10 / 13 of U.A.P. Act against the petitioner.

Be that as it may, keeping in view that charges have been framed and trial will take some time, I am inclined to admit the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bermo at Tenughat, in connection with Nawadih P.S. Case No. 87 of 2006, corresponding to G.R. No. 874 of 2006, subject to the following conditions:-

(i) One of the bailer shall be a local resident of Bokaro district and another bailer shall be a public servant / central -4- government employee / Jharkhand government employee.

(ii) Petitioner is directed to submit his passport, if any in the court below on the date of furnishing bail bonds.

(iii) Petitioner is further directed that alongwith the bail bonds, he will furnish his Cell number and xerox copy of Aadhar Card in the court below.

(iv) Petitioner is directed to remain physically present before the trial court on each and every date till conclusion of the trial, failing which the trial court will be at liberty to cancel the bail bonds of the petitioner.

Let a copy of order be communicated to the trial court and also be sent to the Registrar General with a direction to place the matter before Hon'ble the Chief Justice with a request to place it before the Hon'ble Standing Committee.

(Anant Bijay Singh, J.) Sunil/

Unlock Advanced Research with PRISMAI

Jharkhand High Court