Jharkhand High Court
Vishnu Mahli vs The State Of Jharkhand on 23 August, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (DB) No. 610 of 2023
Vishnu Mahli --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR For the Appellant : Mr. Pawan Kumar Pathak, Advocate For the State : Mr. Pankaj Kumar, P.P. Order No.06/ Dated 23rd August, 2023 The instant appeal has been preferred on behalf of the appellant under Section 21(4) of the National Investigation Agency Act, 2008 for setting aside the order dated 20.02.2023 passed in B.P. No. 24 of 2023 by the learned Additional Judicial Commissioner-VIII, Ranchi in connection with Nagri P.S. Case No. 180 of 2022 corresponding to Sessions Trial Case No. 45 of 2023 registered under Sections 25(1- B)a/26/35 of the Arms Act and Section 4/5 of the Explosive Substance Act, pending in the court of learned Additional Judicial Commissioner- VIII, Ranchi whereby and where under, the appellant's prayer for regular bail has been rejected.
2. It has been contended on behalf of the appellant that appellant has been falsely implicated in the instant case. Further, it has been submitted that the prosecution story is based upon the secret information and on a raid conducted on 30.10.2022 a country made loaded pistol was recovered from the possession of the appellant. Three bombs were also recovered from his house.
3. The submission has been made that the State has filed objection wherein it has come that save and except the present one, there is no criminal antecedent. The appellant is languishing in judicial custody since 31.10.2022. Charge-sheet has already been submitted and the case has been committed to the court of Sessions. Learned counsel for the appellant, in the aforesaid premises submitted that the impugned order dated 20.02.2023 may be quashed and set aside and appellant may be released from judicial custody.
4. While on the other hand, learned P.P. appearing on behalf of the State of Jharkhand has submitted that it is a case where country made -2- pistol has been recovered from the possession of the appellant. Further three bombs were also recovered from his house. As such, it is not a fit case for interfering with the impugned order.
5. This court has heard the learned counsel for the parties and the finding recorded by the learned Court while rejecting the prayer for regular bail and has found therefrom that complicity of the appellant is based upon the recovery of the country made pistol and three bomb. Appellant is in custody since 31.10.2022 and there is no criminal antecedent as per the affidavit filed in objection. Further the charge-sheet has been submitted and the case has been committed to the court of Sessions and as such, there is remote chance of tempering with the evidence
6. This Court, in the aforesaid circumstances, is of the view that the impugned order needs to be interfered with.
7. Accordingly, the impugned order dated 20.02.2023 passed in B.P. No. 24 of 2023 by the court of learned Additional Judicial Commissioner-VIII, Ranchi in connection with Nagri P.S. Case No. 180 of 2022 corresponding to Sessions Trial Case No. 45 of 2023 is, hereby, quashed and set aside.
8. In view thereof, the instant appeal is allowed.
9. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Commissioner-VIII, Ranchi in connection with Nagri P.S. Case No. 180 of 2022 corresponding to Sessions Trial Case No. 45 of 2023, subject to the conditions that the appellant will cooperate in the trial and shall appear on each and every date before the Trial Court, failing which, the learned Trial Court will be at liberty to cancel the bail bond.
(Sujit Narayan Prasad, J.) (Navneet Kumar, J.) A.Mohanty