Jharkhand High Court
Daso Murmu vs The State Of Jharkhand on 1 February, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 199 of 2013
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1. Daso Murmu
2. Jhapal Hembram @ Murmu --- ---- Appellants Versus The State of Jharkhand --- --- Respondent
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Appellants: M/s Amit Kr. Das, Soumitra Barai, Advocates For the Resp - State: Mr. Pankaj Kumar, A.P.P.
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I.A. No. 7439/201708/ 01.02.2018 Heard learned counsel for the applicant / appellant no. 1 on I.A. No. 7439/2017. The appellant no. 1 - Daso Murmu seeks suspension of sentence on the ground of period of custody undergone apart from other grounds on merits.
2. Learned counsel for the appellants submits that earlier, prayer for bail was rejected by order dated 09.09.2013 after going through the Lower Court Records. Appellants have been taken into custody on 08.11.2011. However, appellant by now has already undergone more than six years of sentence out of ten years of rigorous imprisonment awarded under section 376(g) of the Indian Penal Code. Appeal is of the year 2013 and there are little chance of the main appeal being heard in the near future. He has also argued on the merits of the matter, stating that PW1 to PW5 have been declared hostile and PW7, the prosecutrix, has also turned hostile during the trial. The appellant has therefore good chance of succeeding in the appeal.
3. Having considered the submissions of the learned counsel for the appellant no. 1 and for the reasons that he has already undergone more than six years of sentence out of ten years by now and the appeal is of the year 2013, we are inclined to accede to the prayer for suspension of sentence. Accordingly, let the appellant no. 1 - Daso Murmu be released on bail, during the pendency of this appeal, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of Learned District and Additional Sessions Judge, East Singhbhum at Ghatsila in connection with S.T. Case No. 80/2012.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 3628 of 2013
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Sunil Oraon --- ---- Petitioner
Versus
The State of Jharkhand & others --- --- Respondents
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Rajeev Kumar, Advocate For the Resp - State: Mr. Rajeev Ranjan Mishra, GP-II
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05/ 01.02.2018 Learned counsel for the State is permitted to inspect the records. Since the counter affidavit is not in order and there are missing pages, he would file fresh copy of the counter affidavit within a period of two weeks.
2. List the case thereafter.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 7263 of 2011
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Mufizuddin Ansari --- ---- Petitioner Versus
1. The State of Jharkhand through the Chief Secretary
2. Secretary, Rural Development Department, Govt. of Jharkhand
3. Director, Panchayati Raj Department, Govt. of Jharkhand
4. Dy. Commissioner, Dhanbad
5. Deputy Development Commissioner, Dhanbad
6. Block Development Officer, Nirsa, Dhanbad
7. Circle Officer, Nirsa, Dhanbad
8. Gopal Bauri --- --- Respondents
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: None For the Resp - State: Mr. Vikash Kr. Sinha, JC to AG
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07/ 01.02.2018 No one appears for the petitioner. However, counsel for the Respondent State is present. He submits that counter affidavit has been filed in the matter in 2012 itself. However, since no one appeared for the petitioner, it appears that he has lost interest in the matter, which is pending since 2011 itself. Accordingly, it is dismissed for non-prosecution.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 612 of 2011
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18/ 01.02.2018 In view of order dated 05.07.2017, let the matter be placed before a Bench of which, one of us, (Ratnaker Bhengra, J) is not a Member.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2678 of 2017
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Pradip Kumar Gupta --- ---- Petitioner Versus The State of Jharkhand & another --- --- Opp. Parties
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Arun Kumar, Advocate
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05/ 01.02.2018 One week time is allowed to the counsel for the petitioner to remove the surviving defects, failing which this application shall stand rejected without further reference to the Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2636 of 2017
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Ganga Bhandari --- ---- Petitioner Versus The State of Jharkhand & another --- --- Opp. Parties
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Pratiush Lala, Advocate
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05/ 01.02.2018 Two weeks time is allowed to the counsel for the petitioner to remove the surviving defects, failing which this application shall stand rejected without further reference to the Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 1350 of 2017 (D.B.)
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State of Jharkhand through Deputy Commissioner, Godda --- Petitioner Versus Chiku Choudhary @ Saurav Choudhary & others --- --- Opp. Parties
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Shekhar Sinha, A.P.P
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05/ 01.02.2018 Defect relating to filing of certified copy of the impugned judgment of acquittal is ignored, in view of the submission made by the learned counsel for the petitioner that the same has already been filed in Acquittal Appeal No. 18/2017.
However, three weeks time is allowed to the learned A.P.P. for the State to remove the surviving defects, failing which this application shall stand rejected without further reference to the Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (H.B.) (Cr.) No. 387 of 2017
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Bahadur Raut & another --- ---- Petitioners Versus The State of Jharkhand & others --- --- Respondents
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioners: Mr. Vijay Kr. Roy, Advocate
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05/ 01.02.2018 Two weeks time is allowed to the counsel for the petitioners to remove the surviving defects, failing which this application shall stand rejected without further reference to the Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 6798 of 2016
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Bana Pidhi Bunkar Sahyag Samittee through its Chairman Enamul Haque --- ---- Petitioner Versus The State of Jharkhand & others --- --- Respondents
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Rajeev Kumar, Advocate For the Resp - State: Mr. Rajiv Ranjan Mishra, GP-II
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05/ 01.02.2018 Several defects are there in the writ petition which has not been removed since its institution in November 2016 itself, though time was twice granted earlier by the Lawazma Board. However, one week time is allowed to the counsel for the petitioner to remove the surviving defects, failing which this application shall stand rejected without further reference to the Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 4691 of 2016
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Ram Subhag Singh --- ---- Petitioner Versus
1. The State of Jharkhand
2. The Chief Secretary, Govt. of Jharkhand
3. The Principal Secretary, Department of Personnel, Administrative Reforms & Rajbhasa
4. The Commissioner, Department of Cabinet Vigilance
5. The Additional Chief Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand --- --- Respondents
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: In Person For the Resp - State: Mr. Vikash Kr. Sinha, JC to AG
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04/ 01.02.2018 There are several defects to be removed in the writ petition which was filed in August 2016 itself, wherein the petitioner, a practicing Advocate of this Court, sought a direction upon the Respondent authorities of the State to remove its officers / employees from the key posts against whom either departmental proceeding is pending or criminal case is pending for trial. However, petitioner seeks permission to withdraw this writ application as the similar issues have already been raised in other public interest litigation i.e. W.P. (PIL) No. 858/2009 which, as per the submission of the learned counsel for the State, is still pending.
Accordingly, writ petition is dismissed as withdrawn.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 6092 of 2014
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Prafull Kumar Roy --- ---- Petitioner Versus
1. The State of Jharkhand through the Chief Secretary
2. The Secretary, Food, Supply and Commerce Department, Govt. of Jharkhand
3. The Deputy Commissioner, Deoghar
4. The District Supply Officer, Deoghar
5. The Sub Divisional Officer, Madhupur, Deoghar
6. The Block Supply Officer, Sarath, Deoghar
7. The Ladies Extension Officer, Sarath Block, Deoghar
8. Smt. Anar Devi
9. Smt. Indira Roy --- --- Respondents
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Amit Kr. Verma, Advocate For the Resp - State: JC to GA Mr. Atanu Banerjee
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05/ 01.02.2018 There are several surviving defects yet to be removed, though the writ petition has been filed in November 2014 itself and time has earlier been granted twice by the Lawazma Board. Petitioner sought cancellation of PDS Licence allotted in the name of private Respondents, alleging fabrication of documents in connivance with the Block and District level authorities of Food and Supply Department in the district of Deoghar.
2. However, learned counsel for the petitioner seeks permission to withdraw this writ application in view of the counter affidavit filed by the Respondent authorities of the State i.e. Respondent Nos. 3 to 6 and their statements made at para-14 thereof.
3. Having regard to the prayer made, writ petition is dismissed as withdrawn.
It is up to the petitioner to approach the Deputy Commissioner, Deoghar (Respondent No. 3) if there are adequate materials to support his contention about any irregular / illegal act of the Licensing Authority of the PDS shop.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/ IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. of 2016
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--- ---- Petitioner
Versus
The State of Jharkhand & others --- --- Respondents
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Rajeev Kumar, Advocate For the Resp - State:
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05/ 01.02.2018 (Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/