Jharkhand High Court
Suraj Korwa vs The State Of Jharkhand on 8 February, 2017
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No.10613 of 2016
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Suraj Korwa. .......... Petitioner.
-Versus-
The State of Jharkhand. .......... Opposite Party.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Santosh Kumar Tiwari, Advocate
For the State : A.P.P.
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05/08.02.2017: Heard learned counsel for the parties.
The petitioner is an accused in a case registered under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code; Section 27 of the Arms Act; Section 3/4 of the Explosive Substance Act; Section 17 of the Criminal Law Amendment Act; and Sections 38 & 39 of the U.A.P. Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. Though the petitioner has been named in the first information report along with 28 accused persons, yet his name has come in the confessional statement of co-accused Surendra Korwa @ Surendra Korba, who was allegedly apprehended by the police on spot. The main submission of learned counsel for the petitioner is that the petitioner is in judicial custody since 3rd June, 2013 and several co-accused persons, namely, Sudama Singh @ Sudama Jee, Birendra Singh Kharwar @ Birendra Singh @ Tufan Jee & Surendra Korwa @ Surendra Korba, Indrajeet Yadav @ Indrajeet Ji and Murari Bhuiyan @ Murari Jee have already been enlarged on bail by a Co-ordinate Bench of this Court vide orders dated 1 st March, 2014, 22nd April, 2014, 23rd April, 2015 and 1st March, 2016 in B.A. No.1276 of 2014, B.A. No.2084 of 2014, B.A. No.965 of 2015 and B.A. No.1147 of 2016, respectively. Therefore, the petitioner's prayer for bail may be considered sympathetically. He undertakes that he shall fully co-operate in the trial.
Learned APP opposes the petitioner's prayer for bail. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner, above named, on bail. Accordingly, the petitioner is directed to be released on bail -2- on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions Judge-I, Garhwa, in connection with S.T. No.422 of 2013, arising out of Ranka P.S. Case No.181 of 2012, corresponding to G.R. No.2078 of 2012, with a condition that the petitioner shall cooperate in the trial and shall physically appear before the court below as and when required failing which learned court below shall be at liberty to take appropriate step in accordance with law.
(Rajesh Shankar, J.) Sanjay/