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Jharkhand Court September 2012 Judgments

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Sep 01 2012

Kirani Hembram and anr. Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

CRIMINAL APPEAL NO. 288 OF 200.WITH CRIMINAL APPEAL NO. 61 OF 200.------- ( Against the judgment of conviction and order of sentence dated 21.12.2002 passed by 4th Additional Sessions Judge, Dumka in Sessions Case no. 19 of 2001).1. Manishal Murmu Appellant in Cr.Appeal No.288/2003.1. Kirani Hembram 2. Surendra Murmu Appellants in Cr. Appeal No. 61/2003 Versus State of Jharkhand. . . . . Respondents in both cases. ------- For the Appellants : Mr. Arbind Kumar For the Respondents : Mr. Ravi Prakash,APP PRESENT HONBLE MR.JUSTICE D.N.PATEL HONBLE MR. JUSTICE PRASHANT KUMAR. -------- Per Prashant Kumar,J.These appeals are directed against the judgment of conviction and order of sentence dated 21.12.2002 passed by 4th Additional Sessions Judge, Dumka in Sessions Case no.19 of 2001, whereby and whereunder he convicted the appellants under section 302/34 of the I.P.C. and also under section 201 of the I.P.C. and sentenced them to undergo imprisonment for live for the offence under section 302...


Sep 01 2012

Kavita Jha Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2479 of 2012 Kavita Jha ... ... Petitioner Versus The State of Jharkhand ... ... ... Opposite Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY For the Petitioner : Mr. Aishwarya Prakash, Advocate For the State : A. P. P. 02/01.09.2012 Learned counsel appearing for the State is directed to file a counter affidavit and produce the original records along with the original application form which has been submitted by the petitioner before the authority concerned. Put up this case on 18.09.2012 under the same heading. Till that date, the police will not arrest the petitioner, namely, Kavita Jha in connection with Godda (T) P.S. Case No. 223 of 2012 corresponding to G.R. No. 654 of 2012, pending in the Court of Chief Judicial Magistrate, Godda. Learned counsel for the petitioner will deposit the cost of the Fax to communicate this order to the court concerned/authority concerned. (Jaya Roy, J.) Satayendra...


Sep 01 2012

Anuj Saha Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.5838 of 2012 With I.A. No.1198 of 2012 ------ Anuj Saha . Petitioner -Versus- The State of Jharkhand ..... Opposite Party ------ CORAM : THE HONBLE MR. JUSTICE H.C.MISHRA ------ For the Petitioner : Mr.Rakesh Kumar, Advocate. For the State : A.P.P. ------ 3/ 01.09.2012 The I.A. No.1198 of 2012 has been filed for early hearing of this case. Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner has been made accused in O.C.R Case No.47 of 2010 for the offence under Sections 47 of the Excise Act. The case relates to the recovery of 50 liters of illicit liquor. In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Anuj Saha 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 C.J.M., Pakur, in O.C.R Case No.47 of 2010. Accordingly, this ...


Sep 01 2012

Ridal Das Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI B.A.No.6238of2012 BidalDas Petitioner Versus TheStateofJharkhand&Anr. OppositeParties ----- CORAM: HONBLEMR.JUSTICEALOKSINGH ----- ForthePetitioner :Mr.SwapanKumarSamanta,Advocate FortheState :Ms.RashmiKumar,A.P.P. 02/01.09.2012Petitionerhusbandhasmovedpresentapplicationseekingregularbail inconnectionwithDhanwarP.S.CaseNo.73of2012correspondingtoG.R. No.810of2012registeredunderSections498(A)/494/323/34oftheIndian PenalCode. Learned counsel for the petitioner has vehemently argued that petitionerisinjudicialcustodywitheffectfrom14.04.2012.Hehasfurther submittedthatafterinvestigation,chargesheethasalreadybeensubmitted beforethecompetentMagistrate.Hefurthersubmitsthatoffencepunishable under Section 494 I.P.C. is noncognizable offence, therefore, police has absolutelynojurisdictiontoinvestigatethecaseunderSection494I.P.C.,and cognizancethereoncanonlybetakenbytheMagistrateonprivatecomplaint. Hefurthersubmitsthatsinceinvestigationiscomplete,therefore,itcannot...


Sep 01 2012

Sheobachan Yadav Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6185 of 2012 Sheobachan Yadav @ Srichand Yadav Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. M.L. Yadav, Advocate For the State : A.P.P. ----- 2/01.09.2012 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. The petitioner is an accused in a case instituted under Sections 302/34 of Indian Penal Code. Learned counsel appearing for the petitioner submits that when Kesar Yadav was found murdered, a case was registered against this petitioner and other six accused persons only on suspicion, as no one has come during investigation to say that this petitioner and the other accused persons did commit murder of the deceased and, therefore the petitioner deserves to be admitted on bail. As against this, learned counsel for the State submits that during investigation, it has come that the deceased had given a land on batai ...


Sep 01 2012

Sarju Sharma Alias Sajug Sharma and Others Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2320 of 2012 Sarju Sharma @ Sarjug Sharma @ Sarjug Prasad Sharma and Ors. Petitioner(s) Versus The State of Jharkhand . Opp. Party. --- CORAM: HONBLE MR. JUSTICE P.P.BHATT --- For the petitioner(s) : Mr. Gautam Kumar, Adv. For the Opp. Party : Mr. Sudhanshu Shekhar Choudhary, APP. --- Order No.2 Dated 01st September, 2012 The present petition has been filed under Sections 438 and 440 of the Code of Criminal Procedure seeking grant of anticipatory bail to the petitioners in connection with C.P. Case No. 170/2011, for the non-bailable offence under Section 498A of the Indian Penal Code, which is pending in the court learned Judicial Magistrate, Dhanbad. Learned counsel for the petitioner seeks permission to add the complainant as Opp. Party No.2. Permission, as sought for, is granted. Let necessary amendment be carried out regarding impleadment as complainant as Opp. Party No. 2 in course of the day. Issue notice upon Opp. Party No. 2, ...


Sep 01 2012

Ganesh Deep Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6277 of 2012 --- Ganesh Deep Petitioner Versus The State of Jharkhand Opposite Party --- CORAM : HON'BLE MR. JUSTICE ALOK SINGH --- For the Petitioner : Mr. Ajay Kumar Sah, Advocate For the Opposite Party : Mr. Sudhanshu Shekhar Choudhary, A.P.P. --- 2/01.09.2012 Present application is moved seeking regular bail in connection with Kadma P.S. Case No. 98 of 2012 corresponding to G.R. No. 1686 of 2012 registered under Section 379 of the Indian Penal Code. Learned counsel for the applicant submits that no other criminal case is pending against the accused-applicant. He further submits that after investigation charge-sheet has already been submitted against the applicant. On 23.8.2012. He further submits that petitioner is in judicial custody with effect from 29.6.2012. Considering totality of facts and circumstances of the case, I direct that let petitioner be released on bail on furnishing personal bond and two sureties to the satisfacti...


Sep 01 2012

Firoz Ansari Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2470 of 2012 --- Firoz Ansari ... .... ... ... ... ... Petitioner --Versus-- The State of Jharkhand ... ... ... ... Opp. Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY --- For the Petitioner : Mr. Nikhilesh Kumar Chatterjee, Advocate For the State : A.P.P. --- 02/ 01.09.2012 Counsel for the petitioner Mr. N.K. Chatterjee, seeks permission to withdraw this application as the petitioner has already surrendered before the trial court and the application has become infructuous. Accordingly, the application is dismissed as infructuous. ( Jaya Roy, J.) SI/...


Sep 01 2012

Sumitra Devi and ors Vs. State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.2443of2012 1.SumitraDevi 2.PintuYadav@PintuKumarYadav 3.SaraswatiDevi ... ... Petitioners Versus TheStateofJharkhand ... ... ...OppositeParty CORAM :HON'BLEMRS.JUSTICEJAYAROY ForthePetitioners :Mr.DeepakKumar,Advocate FortheState :A.P.P. 02/01.09.2012 Heard counsel appearing for the petitioners and counsel appearingfortheState. Petitionersare apprehending their arrest inconnection with the case registered under Sections 323/504/498A/379 of the IndianPenalCode. Counselappearingforthepetitionersispermittedtoaddthe informant/complainantasoppositepartyno.2inthiscase. Issue notice to the opposite party no.2 in the admission matteratherpresentandcorrectaddressbyregisteredpostwithA/Das wellasbyordinaryprocess,forwhichrequisiteetc.mustbefiledwithin oneweekfromthedateofthisorder,failingwhichthisapplicationshall standrejectedwithoutfurtherreferencetotheBench. Ruleismadereturnableintheadmissionmatterwithinsix weeks. Till1stNovember,2012,policewillnotarre...


Sep 01 2012

Sakal Deep Gode Alias Raja Khatik Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-01-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.2045of2012 SakalDeepGode@RajaKhatik. ... ... ... ...Petitioner Versus The State of Jharkhand. ... ... ... ...Opp. Party ---------- CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY. ForthePetitioner: Mr.PrabirChatterjee,Advocate. FortheState: A.P.P. 02/ 01.09.2012 It reveals from the F.I.R. that co-accused Raja Khan @ Kurban was apprehended by the police with stolen iron scrap. On being interrogated, he disclosed the name of the present petitioner Raja Khatik to whom he used to sell stolen iron scrap. It is submitted that co-accused Pappu Khan @ Nazre Ahmad @ Pappu having similar allegation, has been granted anticipatory bail vide A.B.A.No.1850 of 2012. Learned Counsel for the State does not dispute the situation. In the aforesaid circumstances, the petitioner is directed to surrender before the court below within three weeks from today and if he does so he shall be released on bail on furnishing bail bond of Rs.10,000/- ( Ten thousand) with two sur...


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