Jharkhand High Court
Sharuddin Ansari @ Sharuddin Ansri vs The State Of Jharkhand on 19 April, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 191 of 2023
Sharuddin Ansari @ Sharuddin Ansri .... .... 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
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For the Appellant : Mr. Yasir Arafat, Advocate. For the Respondent : Mr. Vishwanath Roy, A.P.P.
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Order No.05/dated 19.04.2023 The instant appeal preferred under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 17.11.2022 passed by the learned Principal Sessions Judge, Pakur in B.P. No. 235 of 2022, arising out of Maheshpur P.S. Case No. 194 of 2022, registered under Sections 414 of the Indian Penal Code and 4/5 of Explosive Substance Act whereby and whereunder prayer for bail of the appellant, namely, Sharuddin Ansari @ Sharuddin Ansri has been rejected.
2. Learned Counsel appearing for the appellant has submitted that while taking the allegation to be correct i.e. recovery of 260 pieces detonators, even then, no allegation can be said to be available attracting the ingredient of explosive substance.
3. Such submission has been made on the basis of judgment rendered by the Hon'ble Apex Court in the case of Lopchand Naruji Jat and Anr. vs. State of Gujarat, 2 reported in (2004) 7 SCC 566. It has also been followed by this Court in the case of Kamal Sheikh and Anr. vs. State of Jharkhand, (2013) 2 JBCJ 234(HC).
It has further been submitted that this Court had called upon the case diary after hearing the learned Counsel for the appellant on 29.03.2023 but there no reference of any criminal antecedent.
4. The learned Addl. Public Prosecutor is not in a position to rebut the argument which has been advanced on behalf of the appellant, since, the legal issue about sustainability of the prosecution is the argument based upon the Judgment of the Hon'ble Apex Court rendered in the case Lopchand Naruji Jat and Anr. vs. State of Gujarat, (2004)7 SCC 566 followed by this Court in the case of Kamal Sheikh and Anr. vs. State of Jharkhand, (2013) 2 JBCJ 234 (HC) wherein it has been held that the detonator in isolation cannot be treated to be an explosive substance. He is also fair enough to submit after going through the case diary that there is no criminal antecedent against the appellant.
5. This Court has heard the learned Counsel for the parties and after considering the submission advanced on behalf of the appellant regarding the availability of ingredient of Explosive Substance Act merely on account of the seizure of 260 pieces of detonators, this Court after taking into consideration the judgment rendered by the Hon'ble Apex Court in the case of Lopchand Naruji Jat and Anr. vs. State of Gujarat, (2004) 7 3 SCC 566 followed by this Court in the case of Kamal Sheikh and Anr. vs. State of Jharkhand, (2013) 2 JBCJ 234 (HC) wherein it has been dealt with by the Hon'ble Apex Court that the detonators in isolation cannot be considered to be an explosive substance. Further no criminal antecedent is against the appellant.
6. Accordingly, considering the aforesaid fact, this Court is of the view that the order impugned dated 17.11.2022 passed by the learned Principal Sessions Judge, Pakur in B.P. No. 235 of 2022 is quashed and set aside.
7. In consequence thereof, the instant appeal stands allowed.
8. Accordingly, the appellant, above named, is directed to be released from judicial custody on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the S.D.J.M., Pakur in connection with Maheshpur P.S. Case No. 194 of 2022.
9. In view thereof, the instant appeal stands disposed of.
(Sujit Narayan Prasad, J.) (Subhash Chand, J.) P.K.S.