Jharkhand High Court
Ramji Lal Sarda vs Gopal Sharan Nath Sahdeo & Ors on 20 May, 2011
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A.No.3647 of 2011
Govind Baraik. ... ... ... ...Petitioner(s)
-Versus-
The State of Jharkhand. ... ... ... ...Opp. Party
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA
For the Petitioner(s): Mr. B.S.Lal, Sr. Advocate.
Mr. Vikas Kishore, Advocate.
For the State: Mr. S.K.Srivastava, A.P.P.
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02/ 20.05.2011It has been submitted by the learned Sr. Counsel Mr. B.S. Lal that the petitioner was arrested on 31.12.2008 but he was remanded in the instant case on 01.01.2009 for the alleged offence under Sections 396/412 of the Indian penal Code. The petitioner was not named in the F.I.R. as his complicity appeared in the confessional statesment of the co-accused. The petitioner was apprehended and he had also confessed his guilt which led to discovery of loaded country made pistal and 21 live cartridges. There was no allegation of commission of dacoity except recovery of firearms and ammunitions. His prayer for bail was rejected by this Court in B.A.No.1349 of 2010 on 22.03.2010, however, with the observation, " keeping in view the gravity of the allegation I am not inclined and hence the prayer for bail of the petitioner Govind Baraik once again stands rejected. However, trial is directed to be expedited after framing of charge against the petitioner and other co-accused so as to conclude it preferably within nine months failing to which the petitioner would be at liberty to renew his prayer before the trial court itself."
The petitioner moved before the Trial Court for his bail, which was rejected by the order dated 25.02.2011, however, it was observed by the learned Sessions Judge in Sessions Trial No.113 of 2010 that thirteen witnesses so far were examined including the seizure witnesses but the seizure witnesses did not support any seizure of firearm or ammunitions. Investigating Officer and Doctor are yet to be examined. Though the petitioner has renewed his prayer pursuant to the observation made by this Court and admittedly the trial has not yet been concluded.
Heard Mr. S.K.Srivastava, A.P.P. appearing on behalf of the State. In the facts and circumstances, the petitioner- Govind Baraik is directed to be released on executing bail bond of Rs.15,000/- ( Fifteen thousand) with two sureties of like amount each to the satisfaction of the Sesssions Judge, Gumla in Sessions Trial No. 113 of 2010 arising out of Basia P.S. Case No. 98 of 2008, corresponding to G.R.No.1089 of 2008 with the conditions that the bailers would be the near relatives of the petitioner and that he would appear before the Trial Court regularly.
Single default without any reasonable cause would render his bail order liable to be vacated at the instance of the Sessions Judge.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Election Petition No. 05 of 2010 Ramji Lal Sarda. ... ... ... ... ...Petitioner(s)
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Gopal Sharan Nath Sahdeo & Ors. ... ...Respondents
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mr. B.S. Lal, Sr. Advocate. For the Respondent No.9: Mr. V. Shivanath, Sr. Advocate.
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16/ 20.05.2011 Mr. B.S. Lal, learned Sr. Counsel appearing on behalf of the petitioner submits that on account of inadvertence some typographical error has been made in the Interlocutory Application No.1169 of 2011 as contained in paragraph No.1 which has been pointed out by the learned Sr. Counsel Mr. V. Shivanath appearing on behalf of the Respondent No.9.
Mr. B.S. Lal, learned Sr. Counsel seeks adjournment for curing the error that has been inadvertently crept in pragraph No.1.
Prayer is allowed.
With the consent of both the parties, put up this petition on 7th June, 2011.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No.1579 of 2010 Ranjan Mishra & Ors. ... ... ... ...Petitioner(s)
-Versus-
The State of Jharkhand & Anr. ... ... ...Opp. Parties
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mr. Satish Kumar Keshri, Advocate(s).
For the State: A.P.P.
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07/ 20.05.2011 Let this petition be put up after summer vacation on 13th June,
2011 awaiting the service report.
In the meantime, interim order shall continue till the next date.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No.1624 of 2010 Jai Prakash Sharma @ Tullu. ... ... ...Petitioner(s)
-Versus-
The State of Jharkhand & Anr. ... ... ...Opp. Parties
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mrs. Sarita Gupta, Advocate(s).
For the State: A.P.P.
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03/ 20.05.2011 Mrs. Sarita Gupta, learned Counsel for the petitioner seeks
permission to withdraw this petition for the reason that the matter has been settled between the parties.
Prayer is allowed.
Accordingly, this petition is dismissed as withdrawn.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No. 502 of 2011 Pramod Agarwala. ... ... ... ... ...Petitioner(s)
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The State of Jharkhand & Anr. ... ... ...Opp. Parties
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mr. Sumeet Gadodia, Advocate(s).
For the State: A.P.P.
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05/ 20.05.2011 Let this petition be put up on 15th June, 2011 awaiting the
service report.
In the meantime, interim order shall continue till the next date.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No.702 of 2011 Ram Shankar Singh @ Ramashankar Singh. ...Petitioner(s)
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The State of Jharkhand & Anr. ... ... ...Opp. Parties
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mr. Rajesh Kumar, Advocate(s).
For the State: A.P.P.
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03/ 20.05.2011 Let notice be issued to the Opposite Party No.2, on his present
and correct address, under registered cover with A/D as well as by ordinary process to which requisites etc. must be filed within one week, failing to which this petition shall stand rejected without further reference to the Bench.
Put up this petition on 20th June, 2011. In the meantime, there shall be stay of further proceeding in C.P. Case No.1559 of 2010, pending in the Court of the S.D.J.M., Dhanbad till the next date.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No.772 of 2011 Ramashish Sinha @ Ramashish Singh. ... ...Petitioner(s)
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The State of Jharkhand. ... ... ... ...Opp. Party
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mr. Pandey Neeraj Rai, Advocate(s).
For the State: A.P.P.
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03/ 20.05.2011 The petitioner has preferred this petition for quashment of the
order dated 15.04.2011 and 03.05.2011 by which on the request of the Investigating Officer of the case processes under Section 82 Code of Criminal Procedure was directed to be issued against the petitioner in Deoghar P.S. Case No. 216 of 1990, corresponding to G.R.No.1147 of 1990 now pending before the C.J.M., Deoghar.
Learned Counsel Mr. Pandey Neeraj Rai at the outset submitted that the case was initially instituted in the year 1990 for the alleged offence under Sections 420/409/408/477(A)/468/120B of the Indian Penal Code as also under Section 5(i) (d) of the Prevention of Corruption Act and after investigation the Investigating Officer submitted charge-sheet on 31.01.2011 against three named accused persons and the name of the petitioner was not there in the certified copy of the charge-sheet which has been supplied to the Counsel for the petitioner.
Learned Counsel pointed out with reference to Annexure-4 that Investigating Officer, Sadar, Deoghar filed a petition before the C.J.M., Deoghar for issuance of warrant of arrest against non-F.I.R. accused Ramashish Sinha @ Ramashish Sing. Charge-sheet was filed on 31.01.2011 which was sent to the C.J.M. on 11.02.2011 and the cognizance was taken for the offence. The petition, which was filed on behalf of the S.D.P.O. indicated that he was non-F.I.R. accused and without giving memo of evidence process was made for the issuance of the warrant of arrest. For subsequent petition dated 16.04.2011 the S.D.P.O. further requested for the issuance of the process under Section 82 Code of Criminal Procedure on the given address and permanent address of the petitioner and in that petition also it has been mentioned that the petitioner was non-F.I.R. accused. It is evident from the charge-sheet, xerox copy of the certified copy of the charge-sheet has been filed on behalf of the petitioner (Annexure-2) that it was nowhere mentioned that investigation was pending against petitioner.
In the given facts and circumstnaces, the Counsel appearing on behalf of the petitioner submits that ad interim stay may be granted till the next date and in the meantime, he may be permitted to find out as to whether any memo of evidence has been filed on behalf of the I.O. against the petitioner or not and to also to find out as to whether complete charge-sheet has been 2. delivered to him or not.
Let this petition be put up on 8th June, 2011. In the meatime, there shall be stay of further proceeding in Deoghar (Town) P.S. Case No.216 of 1990, corresponding to G.R.No.1147 of 1990, pending before the C.J.M. till the nex date.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No.671 of 2011 Manoj Kumar @ Manoj Kumar Agarwal. ... ...Petitioner(s)
-Versus-
The State of Jharkhand through C.B.I. ... ... Opp. Party With Cr.M.P.No.689 of 2010 M/s S.R. Industries & Anr. ... ... ...Petitioner(s)
-Versus-
The Union of India through the C.B.I. & Ors. ...Opp. Parties With Cr.M.P.No.695 of 2010 M/s Indica Smokeless Fuel Industries. ... ...Petitioner(s)
-Versus-
The Union of India through the C.B.I. & Ors. ...Opp. Parties With Cr.M.P.No. 712 of 2010 M/s Subarnarekha Coal Complex Private Ltd. ...Petitioner(s)
-Versus-
The Union of India through the C.B.I. & Ors. ...Opp. Parties With Cr.M.P.No.758 of 2010 M/s Nirdhoom Indhan Pvt. Ltd. ... ...Petitioner(s)
-Versus-
The Union of India through the C.B.I. & Ors. ...Opp. Parties With Cr.M.P.No. 760 of 2010 M/s. Aman Coke Plant (P) Ltd & Ors. ... ...Petitioner(s)
-Versus-
The Union of India through the C.B.I. & Ors. ...Opp. Parties With Cr.M.P.No. 762 of 2010 M/s Kakan Special Smokeless Fuel Pvt. Ltd & Ors. ...Petitioner(s)
-Versus-
The Union of India through the C.B.I. & Ors. ...Opp. Parties With Cr.M.P.No.773 of 2010 M/s Parvati Fuels Pvt. Ltd. & Ors. ... ...Petitioner(s)]
-Versus-
The Union of India through the C.B.I. & Ors. ...Opp. Parties With Cr.M.P.No. 780 of 2010 M/s Kali Mata Soft Coke Mfg. Industries at Tetulmari & Anr. ... ... ... ... ...Petitioner(s)
-Versus-
The Union of India through the C.B.I. & Ors. ...Opp. Parties With Cr.M.P.No.810 of 2010 Shiv Domestic Coke Pvt. Ltd. & Ors. ... ... ...Petitioner(s)
-Versus-
The Union of India through the C.B.I. & Anr. ...Opp. Parties
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mr. Rajesh Kumar, Advocate(s). For the State: Mr. Md. Mokhtar Khan, A.S.G.I.
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I.A.No.955 of 2011IN Cr.M.P.No.671 of 2011 05/ 20.05.2011 The instant Interlocutory Application has been filed on behalf of 2. the petitioner- Manoj Kumar @ Manoj Kumar Agarwal requesting for grant of stay of further proceeding of R.C. Case No. 6(A)/2011 (R), pending in the Court of Shri N.N.Singh, Special Judge, C.B.I., Ranchi and to restrain from taking any coercive step.
Mr. Rajesh Kumar, learned Counsel for the petitioner submitted that similarly situated Cr.M.P.No.689 of 2010 and Cr.M.P.No.695 of 2010 has been listed under the heading "For Hearing" on 13.06.2011 and in most of the cases interim stay has been granted for staying the further proceeding till the next date. The defence of the petitioner stands on similar footing, who is seeking stay in the instant case also.
Prayer is allowed.
There shall be stay of further proceeding as against the petitioner- Manoj Kumar @ Manoj Kumar Agarwal in R.C. Case No.06(A)/2011 (R), pending before the Court of Shri N.N.Singh, Special Judge, C.B.I., Ranchi .
I.A.No.955 of 2011 stands disposed of.
Cr.M.P.No.671 of 2011Let the C.C.L. be impleaded as Opposite Party No.2 and upon its such impleadment, a copy of this petition be delivered to Mr. A.K.Mehta, who is the retainer counsel of C.C.L. and his name be reflected in the daily cause list on behalf of the O.P.No.2.
Post this petition on 13.06.2011.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No.763 of 2011 M/s Meta Coke Corporation & Anr. ... ...Petitioner(s)
-Versus-
The Central Bureau of Investigation & Ors. ...Opp. Parties
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mr. Ajit Kumar, Advocate(s). For the C.B.I.: Mr. Md. Mokhtar Khan, A.S.G.I.
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02/ 20.05.2011 This petition is admitted.
Put up this petition on 13th June, 2011 with the analgous cases. In the meantime, there shall be stay of further proceeding in R.C.05(A)/2011-R, pending in the Court of Shri N.N.Singh, Special Judge, C.B.I., Ranchi.
[D.K.Sinha,J.] P.K.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P.No.764 of 2011
1. M/s Coal Product India Makra.
2. Naseem Khan. ... ... ... ...Petitioner(s)
-Versus-
The Central Bureau of Investigation & Ors. ...Opp. Parties
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CORAM: THE HON'BLE MR. JUSTICE D.K.SINHA For the Petitioner(s): Mr. Ajit Kumar, Advocate(s). For the C.B.I.: Mr. Md. Mokhtar Khan, A.S.G.I.
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02/ 20.05.2011 This petition is admitted "For Hearing" to be fixed on 13th June, 2011.
In the meantime, there shall be stay of further proceeding in relation to the petitioner Naseem Khan in R.C. 05 (A)/2011-D, pending in the Court of the Special Judge, C.B.I., Dhanbad till the next date.
[D.K.Sinha,J.] P.K.S.