Jharkhand High Court
Brahma Chamar @ Brahma Ram Chamar vs State Of Jharkhand on 4 March, 2011
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.672 of 2011
Brahma Chamar @ Brahma Ram Chamar ...... Petitioner
-Versus-
The State of Jharkhand. ....... Opposite Party.
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CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner : Ms. Reema Kumari, Advocate
For the State : A.P.P.
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2/04.03.2011: The petitioner is an accused in the case registered under Sections 147, 148, 149, 323, 307 and 427 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the CLA Act.
Learned counsel appearing on behalf of the petitioner submitted that this is a case of misuse of bail; petitioner was earlier granted bail by order dated 1.4.2010 in B.A. No. 7865/2009 with the condition that he shall physically appear in the court below; the petitioner has been regularly appearing in the court below in person, but due to extremists 'Bandh' on 11.8.2010 the petitioner could not reach the court and on his instruction a petition under Section 317 CrP.C. had been filed for accepting his representation; however, the same was rejected and bail bond was cancelled; the petitioner is in custody since October, 2010; learned counsel submitted that the petitioner has not willfully or intentionally misused the privilege of bail and he was prevented under the circumstance beyond his control and he shall appear in the court below on all the dates.
Learned A.P.P. opposed the petitioner's prayer for bail and submitted that the petitioner breached the conditions of bail; however, he has not disputed the other facts and circumstances of the case.
Regard being had to the facts and circumstances of the case, the petitioner, 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 learned Additional District Judge, F.T.C.-II, Garhwa in connection with S.T. No.241 of 2009 arising out of Dhurki P.S. Case No.39 of 1999, corresponding to G.R. No.666 of 1999 with the condition that the petitioner shall physically appear in the case on all the dates in the court below, as and when his personal appearance is required.
(Narendra Nath Tiwari, J.) Shamim/