Sanoj Kumar Mandal vs The State Of Jharkhand on 20 September, 2017

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Jharkhand High Court

Sanoj Kumar Mandal vs The State Of Jharkhand on 20 September, 2017

Bench: Aparesh Kumar Singh

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      B.A. No. 6103 of 2017
   Sanoj Kumar Mandal                                    ............Petitioner
                            Vrs.
   The State of Jharkhand                         ............. Opposite Party

                             .......
   CORAM:       HON'BLE MR. JUSTICE APARESH KUMAR SINGH

   For the Petitioner         : Mr. Bijay Kumar Sinha
   For the State              : Mr. H.K. Shikarwar, A.P.P.

02/20.09.2017

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

2. Petitioner is in custody since 27.5.2017 in connection with Pakur ( Malpahari) P.S. Case No. 44 of 2017 corresponding to G.R. Case No. 205 of 2017 for the offence registered under Sections 395/412/420/467/468 and 472 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Pakur.

3. Learned counsel for the petitioner submits that F.I.R was registered against unknown persons and on the statement of co-accused Manilal Thakur, the name of the petitioner has figured. The said Manilal Thakur has been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 5832 of 2017 vide order dated 31.8.2017 with certain conditions. Another co-accused namely Sarju Lal Hembrom, whose name also occurred in the confessional statement of co-accused, Manilal Thakur, has also been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 5991 of 2017 vide order dated 14.9.2017 with certain conditions. Petitioner may also be enlarged on bail as he is in custody for more or less the same period as the other co-accused persons, who have been enlarged on bail.

4. Learned A.P.P. has opposed the prayer for bail and submits that even as per the impugned order the petitioner's confessional statement had led to the recovery of engine of the Tractor from the back side of his house.

5. Having considered the facts and circumstances of the case and the fact that petitioner has been implicated on the statement of co-accused, Manilal Thakur, who has been enlarged on bail by a co-ordinate Bench of this Court and that another similarly situated co-accused Sarju Lal Hembrom has also been enlarged on bail by a co-ordinate Bench of this Court, I am inclined to enlarge the petitioner on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each, subject to the conditions that one of the bailors shall be a Class I legal heir of the accused-petitioner, to the satisfaction of the learned Chief Judicial Magistrate, Pakur in connection -2- with Pakur( Malpahari) P.S. Case No. 44 of 2017 corresponding to G.R. Case No. 205 of 2017 with the further conditions inter alia as follows:-

(i) he shall appear before the Trial Court regularly, and

(ii) he shall not change his residence without prior permission of the Court.

(Aparesh Kumar Singh, J.) A.Mohanty

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