Chunchun Paswan. Vs. the State of Jharkhand.

[mr.justice b.v.pinto, j.] this crl.a filed u/s.374(2) cr.p.c. by the advocate for the appellant against the judgment dt. 14.7.05 passed by the dist. & sj., fast track court ii, shimoga, in s.c.no,71/02 -convicting the appellant/accused for the offence p/u/s.326 of ipc and sentencing him to undergo s.i. for 5 years and to pay a fine of rs.3000/- i.d., s.i. for 6 months for the offence p/u/s.326 of ipc.1. the petitioner is an accused in the case registered under sections 413, 414, 440, 120b, 109 and 166 of the indian penal code and section 54(1) of the jharkhand mining act.2. learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in this case. 3. earlier the land belonged to the petitioner but subsequently it was acquired by the e.c.l.; sale and purchase of the coal was from the premises of the e.c.l. not from the petitioner's land; there is no cogent material on record to show his complicity; petitioner is in custody since february 2011; he is a local permanent resident; there is no chance of his absconding.4. learned a.p.p. opposed the petitioner's prayer for bail, but has not disputed the said contentions of learned counsel for the petitioner. 5. 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 chief judicial magistrate, godda in connection with boarijore (lalmatia) p.s. case no. 24 of 2007, corresponding to g.r. no.206 of 2007.