Jharkhand High Court
Lal Mohan Manjhi @ Bhogta @ Lal Mohan ... vs The State Of Jharkhand on 14 July, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Criminal Appeal (DB) No. 296 of 2023
Lal Mohan Manjhi @ Bhogta @ Lal Mohan Singh Bhogta, aged about 35
years, son of late Janki Ganjhu, resident of Village Par Knarna, PO & PS
Chatrochatti, District Bokaro .... Appellant
Versus
The State of Jharkhand ... Respondent
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CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND For the Appellant : Mr. Randhir Kumar, Advocate Ms. Pinki Kumari, Advocate For the State : Mr. Shiv Shankar Kumar, APP
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th Order No.04/ Dated: 14 July, 2023 The instant appeal under section 21(4) of the N.I.A. (National Investigation Agency) Act, 2008 has been directed against the order dated 03.02.2023 passed by the learned Additional Sessions Judge-1 Bermo at Tenughat in Bail Petition No.11 of 2023 whereby and whereunder the prayer for bail of the appellant in connection with Gomia PS Case No. 47 of 2014, corresponding to G.R. Case No. 425/2014 (S), for the offence registered under sections 147, 148, 149, 326, 307, 353 of the Indian Penal Code, section 27 of Arms Act, sections 3, 4, 5 of Explosive Substance Act, section 17 of Criminal Law Amendment Act and sections 10/13 of Unlawful Activities (Prevention) Act, has been rejected.
2. It has been contended on behalf of the appellant that there is false implication of the appellant in the instant case. It has also been submitted that other co-accused persons, against whom similar allegation is there, have been directed to be released on bail by the Co-ordinate Bench of this Court in B.A. No.2076 of 2018 dated 29.06.2018; B.A. No. 9117 of 2017 dated 02.02.2018 and B.A. No. 4466 of 2020 dated 07.08.2020.
According to the appellant, the case of the appellant is identical to that of other co-accused persons. It has also been submitted that another co-accused, namely, Baldeo Manjhi @ Parwej has also been directed to be released on bail vide order dated 30.06.2023 passed by this Court in Cr. Appeal (DB) No. 602 of 2023.
2 Cr. App. (DB) No.296 of 2023Learned counsel for the appellant on the basis of the aforesaid premise has submitted that the appellant may also be directed to be released on bail.
3. While on the other hand, Mr. Shiv Shankar Kumar, the learned Additional Public Prosecutor has submitted that the nature of allegation levelled against the appellant is serious, however, he is not in a position to dispute the fact that the other co-accused persons have already been granted bail, accordingly, reference of the bail applications alongwith the co-accused persons as referred hereinabove.
4. Regard being had to the facts and circumstances of the case, we are of the view that though the similarly situated co-accused persons have already been granted to be released on bail, as such, there is no reason to take different view against this appellant, since, the case as per the material available on record is identical to that of the persons who have been granted bail.
5. Accordingly, the order dated 03.02.2023 passed in Bail Petition No.11 of 2023 by the learned Additional Sessions Judge-1 Bermo at Tenughat is, hereby, quashed and set aside.
6. In view thereof, the instant appeal stands allowed.
7. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bermo at Tenughat in connection with Gomia PS Case No. 47 of 2014, corresponding to G.R. Case No. 425/2014 (S), subject to the condition that the learned court while releasing the appellant on bail will put condition as it deem fit and proper so that the trial in any way may not be hindered.
8. Accordingly, the instant appeal stands disposed of.
(Sujit Narayan Prasad, J.) (Subhash Chand, J.) RKM