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Sadhan OjhA. Vs. the State of Jharkhand. - Court Judgment

SooperKanoon Citation
SubjectCriminal
CourtJharkhand Ranchi High Court
Decided On
Case NumberB.A. No.2309 of 2011.
Judge
ActsIndian Penal Code (IPC) - Sections 147, 148, 149, 341, 323, 324, 337, 307; Arms Act - Section 27
AppellantSadhan OjhA.
RespondentThe State of Jharkhand.
Advocates:Mr. Indrajit Sinha, Adv.
Excerpt:
[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......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, dhanbad in connection with jorapokhar (patherdih) p.s. case no. 32 of 2011, corresponding to g.r. no.372 of 2011.
Judgment:
1. The petitioner is an accused in the case registered under Sections 147, 148, 149, 341, 323, 324, 337 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in this case only because he had instituted a case with Jora Pokhar Police being Jora Pokhar P.S. Case No.31/2011; the informant party had earlier attacked on the members of the petitioner party and tried to outrage the modesty of the female members; the informant party have criminal history.

3. They are aggressors; there is no direct allegation of any assault against this petitioner; he is in custody since February, 2011 without any cogent basis; 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 controverter 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, Dhanbad in connection with Jorapokhar (Patherdih) P.S. Case No. 32 of 2011, corresponding to G.R. No.372 of 2011.


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