Jharkhand Court August 2013 Judgments
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Pawan Poddar Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7671 of 2013 with I. A. No. 6235 of 2013 Pawan Poddar ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the State : A.P.P. -------- 2/ 22.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 147, 148, 149, 332, 333, 353, 307 and 384 of the Indian Penal Code, in connection with Narayanpur P.S. Case No. 109 of 2012 corresponding to G.R. No. 728 of 2012. There is allegation against a mob to have used force against the police party and there is specific against the co-accused persons to have assaulted the police constable. Though the petitioner is named to be a member of the mob, but there is no allegation of assault against him. In the facts of this case, I am inclined to enlarge the petitioner, Pawan Poddar, on...
Neel Kanth Mandal Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI. Cr. Appeal (DB) No. 719 of 2005 Neel Kanth Mandal Appellant -V e r s u s- The State of Jharkhand Respondent. CORAM: - HONBLE MR. JUSTICE NARENDRA NATH TIWARI. HONBLE MR. JUSTICE P.P. BHATT. For the Appellant : - Mr. K. P. Deo, Advocate. For the State : - A.P.P. I.A. (Cr.) No. 5597 of 2013 ... 07/22.08.2013 In this interlocutory application, the appellant, above named, has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that though the appellant's prayer for bail was earlier rejected, he has remained in custody for more than eight years; in the F.I.R., there is no specific allegation of inflicting any injury on the deceased against this appellant; however, the story was subsequently concocted at the time of trial that he had inflicted the cut injury on the neck of the deceased; there are inconsistent versions in the testimonies of the P.Ws. and the subsequent story has not been supported ...
Sanjay Singh Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 1056 of 2013. ----- Sanjay Singh Petitioner. Versus The State of Jharkhand Opposite Party. ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri P.P.N. Roy For the State : Sri V.K. Tiwary, A.P.P. ----- 04/22.08.2013. Anticipatory bail application filed by Sanjay Singh is moved by Sri P.P.N. Roy, learned counsel for the petitioner and opposed by Sri V.K. Tiwary, Addl.P.P. for the State. It is alleged that somebody has demanded Rs.5,00,000/- from the informant through Mobile no.9204975791 and threatened that if money will not be given then the caller will cut the hands and legs of the informant. On investigation it was found that the said SIM number belongs to the petitioner. Apart from said evidence, there is no allegation against the petitioner that he himself gave aforesaid threatening and demanded money. From perusal of antecedent report, I find that petitioner has no criminal history. Considering the a...
Nishant Kumar Alias Nishant Sharma Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 1026 of 2013. ----- Nishant Kumar @ Nishant Sharma Petitioner. Versus The State of Jharkhand Opposite Party. ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri M.K. Laik For the State : Sri P.K. Sahay, A.P.P. ----- 05/22.08.2013. Anticipatory bail application filed by Nishant Kumar @ Nishant Sharma is moved by Sri M.K. Laik, learned counsel for the petitioner and opposed by Sri P.K. Sahay, Addl.P.P. for the State. It appears from Annexure-2, that co-accused Kumar Vikram has been granted anticipatory bail by this court, vide order dated 13.12.2012 in A.B.A.no. 2593 of 2012. From perusal of First Information Report, it appears that the allegation against the petitioner is more or less similar to aforesaid co accused. Considering the aforesaid fact and circumstance, I allow this application and direct the petitioner, named above, to surrender in the court below by 02.09.2013. If petitioner surrenders by t...
Jitendra Kumar Sharma Alias Jitendra Kumar Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7606 of 2013 Jitendra Kumar Sharma @ Jitendra Kumar ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Anjani Kumar Singh, Advocate For the State : A.P.P. -------- 2/ 22.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offence under Section 379 of the Indian Penal Code, in connection with Giridih (T) P.S. Case No. 167 of 2013 corresponding to G.R. No. 1788 of 2013. The petitioner was apprehended after a chase after committing theft. In the facts of this case, I am inclined to enlarge the petitioner, Jitendra Kumar Sharma @ Jitendra Kumar, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Chief J...
Mahadev Yadav Alias Akelajee Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6033 of 2013 Mahadev Yadav @ Akelajee ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Anil Kumar Sinha, Advocate For the State : A.P.P. -------- 2/ 22.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 147, 148, 149, 324, 326, 307, 353, 332, 333, 386, 387 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act, in connection with Chouparan P.S. Case No. 46 of 2011 corresponding to G.R. No. 1388 of 2011. From the FIR, it appears that there was an encounter between the police party and the members of extremists group, in which, one police personnel was injured. The petitioner is named in the FIR itself. In the facts of this case, I am not inclined to enlarge the petitioner, Mahadev Yadav @ A...
Chhotu Lohar ? Suraj Karmakar Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI. Cr. Appeal (DB) No. 32 of 2006 Chhotu Lohar @ Suraj Karmakar Appellant -V e r s u s- The State of Jharkhand Respondent. CORAM: - HONBLE MR. JUSTICE NARENDRA NATH TIWARI. HONBLE MR. JUSTICE P.P. BHATT. For the Appellant : - Ms. Suchitra Pandey, Advocate. For the State : - A.P.P. I.A. (Cr.) No. 5750 of 2013 ... 04/22.08.2013 In this interlocutory application, the appellant, above named, has prayed for his release on bail during pendency of the appeal. Learned counsel appearing on behalf of the appellant submitted that though the appellant's prayer for bail was earlier rejected, he has remained in custody for more than nine years; conviction of the appellant is based on weak circumstantial evidence mainly on the confessional statement of the co-accused; the appeal is pending since 2006 and there is no likelihood of the appeal being taken up for hearing in near future. Learned A.P.P. opposed the appellant's prayer for bail but has not disputed the ...
Lutheran Middle School,burju Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-22-2013
W.P.(S). No. 1127 of 2004 ----- In the matter of an application under Article 226 of the Constitution of India. ------ Lutheran Middle School, Burju Petitioner Versus 1. State of Jharkhand 2. Director, Primary Education, Ranchi 3. District Superintendent of Education, Ranchi 4. Smt. Kripa Aind ............ Respondents ----- For the Petitioners : Mr.Sudharshan Shrivastava For the State : Mr. Bhola Nath Ojha, J.C. S.C. III For the Respondent No.4 : Mr. A.K.Sahani & Mr. Ajit Kumar Present: HON'BLE MR. JUSTICE APARESH KUMAR SINGH ----------- By Court:- Heard counsel for the parties.2. The petitioner is aided minority school, which is aggrieved by the impugned order dated 29.11.2003 passed by the Director, Primary Education, Ranchi, Government of Jharkhand (Annexure-5) which inter-alia held that appointment of Respondent No. 4, Smt. Kripa Aind as teacher in the school from the date of her first appointment is continuous and she would be entitled for arrears of salary. It also held that the ...
Damodar Singh and ors Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appl. (DB) No.350 of 2005 Damodar Singh & others Appellants. -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P. P. BHATT ------ For the Appellants: Mr.Shree Nivas Roy, Advocate. For the State : APP ------ I.A. (Cr.) No.6125 of 2013:5. /22.8.2013: In this interlocutory application, the appellant No.4- Bhana Singh @ Manna Singh, has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that though his same prayers were earlier rejected, he has remained in custody for about 13 years; there is no likelihood of appeal being taken up for hearing in near future; the appellant deserves to be released on bail. Learned A.P.P. opposed the appellant's prayer for bail and submitted that this is a case of double murder and number of injuries, showing penetrating injuries, on the person of the deceased, have been found; ocular evi...
Shiv Shankar Yadav Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6016 of 2013 Shiv Shankar Yadav ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. A.K. Chaturvedi, Advocate For the State : A.P.P. -------- 2/ 22.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 147, 148, 149, 302 and 436 of the Indian Penal Code, in connection with Latehar P.S. Case No. 10 of 2009 corresponding to G.R. No. 64 of 2009. There is omnibus allegation against six named accused persons, including the petitioner, to have burnt the house of the informant and to have committed murder of one Jamal Miyan. Learned counsel for the petitioner has submitted that main accused Shyam Kishore Prasad has already been granted bail by order dated 24.8.2012 in B.A. No. 3844 of 2012 and other similarly situated co-accused have also been gran...
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