Amit kumar sharma @ amit sharma and Others Vs. the State of Jharkhand - Court Judgment

SooperKanoon Citationsooperkanoon.com/917804
SubjectCriminal
CourtJharkhand High Court
Decided OnMay-25-2011
Case NumberB.A. No. 3896 of 2011
JudgeH. C. Mishra, J.
ActsIndian Penal Code (IPC) - Sections 420/468/486/120B, The Copy Right Act - Sections 63/65
AppellantAmit kumar sharma @ amit sharma and Others
RespondentThe State of Jharkhand
Appellant AdvocateMr. Ajay Kumar Sah, Adv.
Respondent AdvocateMr. R.C.P. Sah, Adv.
Excerpt:
1. learned counsel for the petitioners is permitted to make correction in the name of petitioner no.2. 2. heard learned counsel for the petitioners and learned a.p.p. for the prosecution. petitioners have been made accused for the offence under sections 420/468/486/120b of the indian penal code and section 63/65 of the copy right act in connection with jugsalai p.s. case no. 48 of 2011 corresponding to g.r. no. 789 of 2011. 3. petitioners are made accused for the offence of making spurious cement and in that process petitioners were allegedly apprehended. from the f.i.r. itself it is   apparent that the petitioners are only laborers engaged by the persons for the purpose of making spurious cement. 4. learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case and they are only daily wages laborers. learned counsel for the petitioners has prayed for bail.  5. learned a.p.p. on the other hand has opposed the prayer for bail.  in the facts and circumstances of the case, i am inclined to release the petitioners on bail. accordingly, the petitioners, amit kumar sharma @ amit sharma, rakesh kumar @ rajesh kumar, mohan sahu, kishor sahu, ram narayan lal and shankar sardar @ sankar das @ taklu are directed to be released on bail, on furnishing bail bond of   rs. 10,000/­ (rupees ten thousand) each with two sureties of like amount each to the satisfaction of learned chief judicial magistrate, jamshedpur in connection with jugsalai p.s. case no. 48 of 2011 corresponding to g.r. no. 789 of 2011.
Judgment:

1. Learned counsel for the petitioners is permitted to make correction in the name of petitioner no.2.

2. Heard learned counsel for the petitioners and learned A.P.P. for the prosecution. Petitioners have been made accused for the offence under Sections 420/468/486/120B of the Indian Penal Code and Section 63/65 of the Copy Right Act in connection with Jugsalai P.S. Case No. 48 of 2011 corresponding to G.R. No. 789 of 2011.

3. Petitioners are made accused for the offence of making spurious cement and in that process petitioners were allegedly apprehended. From the F.I.R. itself it is   apparent that the petitioners are only laborers engaged by the persons for the purpose of making spurious cement.

4. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case and they are only daily wages laborers. Learned counsel for the petitioners has prayed for bail. 

5. Learned A.P.P. on the other hand has opposed the prayer for bail.  In the facts and circumstances of the case, I am inclined to release the petitioners on bail. Accordingly, the petitioners, Amit Kumar Sharma @ Amit Sharma, Rakesh Kumar @ Rajesh Kumar, Mohan Sahu, Kishor Sahu, Ram Narayan Lal and Shankar Sardar @ Sankar Das @ Taklu are directed to be released on bail, on furnishing bail bond of   Rs. 10,000/­ (Rupees Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamshedpur in connection with Jugsalai P.S. Case No. 48 of 2011 corresponding to G.R. No. 789 of 2011.