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Jharkhand Court August 2013 Judgments

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Aug 21 2013

Ratan Rai Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (Jail) (D.B.) No.1225 of 2008 Ratan Rai Appellant -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P.P. BHATT ------ For the Appellant : Mr. Binod Singh, A.C. For the State : A.P.P. ------ I.A. No.4927 o05. 21.08.2013: In this jail application, the appellant has prayed for his release on bail during pendency of the appeal. Mr. Binod Singh, learned Amicus curiae appearing on behalf of the appellant submitted that the appellant has been falsely implicated in this case; there are vital inconsistencies in the depositions of P.W.1 and P.W.3, who are said to be eye- witnesses; even in their depositions there is no specific allegation of inflicting any injury by this appellant; he has remained in custody for more than six years; there is no likelihood of appeal being taken up for hearing in near future. Learned A.P.P. opposed the appellant's prayer, but has not disput...


Aug 21 2013

Pankaj Kumar Ghosh Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B.A. No. 3404 of 2013 Pankaj Kumar Ghosh ... ... ... Petitioner Versus The State of Jharkhand and another . Opp. Parties CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. T. Kabiraj For the State : Mr. A.K. Prasad, A.P.P. ........ 2/21.08.2013 Learned counsel for the petitioner seeks permission to withdraw this application. Permission accorded. Accordingly, this anticipatory bail application is dismissed as withdrawn. (Prashant Kumar, J.) Binit...


Aug 21 2013

Vikash Prakash Kumar Vs. Home Department

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4105 of 2013 --- Vikash Prakash Kumar --- --- ---- Petitioner Versus The State of Jharkhand & others --- --- --- Respondents --- CORAM: The Honble Mr. Justice Aparesh Kumar Singh For the Petitioner: Mr. Kundan Kr. Ambastha, Advocate For the State: JC to AAG Mr. Ajit Kumar For the AG: Mr. Sudarshan Shrivastava, Advocate --- I.A. No. 5423 /2013 --- 02/ 21.08.2013 The petitioner seeks to implead the office of Accountant General, Jharkhand as party respondent in the instant case. The writ petition has been preferred seeking compassionate appointment on account of death of the petitioner's father in harness as also for other post retirement benefits. In such circumstances, the proposed addition in the array of parties is allowed. Let correction be made by the counsel for the petitioner during the course of the day, in red ink. I.A. stands disposed of. W.P.(S) No. 5105/12 Counsel for the learned Accountant General who has appeared, submit...


Aug 21 2013

Mukesh Kumar Gupta Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4438 of 2013 Mukesh Kumar Gupta ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Manoj Kumar Sah, Advocate For the State : A.P.P. -------- 5/ 21.08.2013 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 395 and 412 of the Indian Penal Code, in connection with Godda (T) P.S. Case No. 31 of 2013 corresponding to G.R. No. 103 of 2013. From the FIR, it appears that the case relates to dacoity and the petitioner was apprehended soon after the occurrence. In the facts of this case, I am not inclined to enlarge the petitioner, Mukesh Kumar Gupta, on bail. Accordingly, his prayer for bail is rejected. ( H. C. Mishra, J.) R.Kr....


Aug 21 2013

Ms Tata Iron and Steel Company Ltd Through Sri a K Verma Sr Manager Vs ...

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No. 234 of 2013 M/s Tata Iron and Steel Company .... Petitioner Versus Dr. Narendra Nath Tripathy .... Respondent ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr.G.M.Mishra For the Respondent : Manish Kumar I.A. No. 3407 o03. 21.08.2013 The sole respondent has entered appearance through his counsel. The instant interlocutory application has been preferred by the petitioner for condonation of delay in filing the instant C.M.P. Having heard counsel for the parties and going through the statement made in the instant I.A., the delay in filing the instant C.M.P. is condoned. I.A. No. 3407 of 2013 stands disposed of. C.M.P. No. 234 of 2013 The instant C.M.P. has been filed for restoration of W.P.L. No. 871 of 2002 which was dismissed for default vide order dated 18.6.2012. Learned counsel for the petitioner submitted that due to inadvertence the list could not be marked and he could not come to Court on the said ...


Aug 21 2013

Mojamil Haque Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 1839 o1. Mojamil Haque 2. Mustaque Ahmad 3. Indadul Islam @ Imdadul Islam ..... Petitioner(s) Versus 1.The State of Jharkhand 2. Ansar Sk. . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : Mr. Gautam Kumar, Advocate. For the State : A.P.P. For the O. P. No.2 : Mr. Atanu Banerjee, Advocate ----- 04 /21.08.2013. Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite parties. The order dated 05.05.2011 passed in P.C.R. Case No.321 of 2011 by learned Judicial Magistrate, 1st Class, Rajmahal, whereby and whereunder cognizance of the offence punishable under Sections 323, 379, 504, 341, 427, 34 of the Indian Penal Code has been taken against the petitioners, is being sought to be quashed on the ground that the complainant has maliciously brought the case against the petitioner. Mr. Gautam Kumar, learned counsel appearing for the petitioners submits that the complainan...


Aug 21 2013

Mantosh Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.7532 of 2013 Mantosh Singh ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Prabir Kr. Chatterjee For the State : A. P.P. ----- 4/21.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 379, 411/34 of the Indian Penal Code, in connection with Jharia P.S. Case No.306 of 2012, corresponding to G.R. No.3231 of 2012. From the FIR, it appears that the petitioner is the driver of the truck and he was involved in theft of coal. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Mantosh Singh is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dhanbad, in con...


Aug 21 2013

Sita Devi and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A.B.A. No. 2978 o1. Sita Devi 2. Sunil Kumar Das ... ... ... Petitioners Versus The State of Jharkhand ... ... Opp. Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioners : Mr. Jai Prakash Jha, Sr. Advocate Mr. A. Prakash For the State : Mr. Amresh Kumar, A.P.P. ........ 4/21.08.2013 It appears from paragraph No. 56 of the case diary that the allegations made against these petitioners have been enquired by Kamal Kishore Das, Block Praogramme Officer. Under the said circumstance, Additional PP is directed to produce the enquiry report conducted by the aforesaid Officer. In the meantime, petitioners above named shall not be arrested in connection with Madhupur P.S. Case No. 10 of 2013 corresponding to G.R. No. 14 of 2013 pending in the court of Sub Divisional Judicial Magistrate, Madhupur. Let this order be communicated to the court concerned through FAX at the cost of petitioners. (Prashant Kumar, J.) Binit...


Aug 21 2013

Janmejau Kumar Singh Vs. Home Department

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 4112 of 2013 Janmejay Kumar Singh .... Petitioner Versus The State of Jharkhand & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr.Kundan Kumar Ambastha For the Respondents : J.C. to Sr. S.C. II 02/21.08.2013 Learned counsel for the petitioner submitted that due to inadvertence petitioner's name in the cause title of the instant writ application has been misspelled as Janmejau Kumar Singh, however the correct spelling is Janmejay Kumar Singh which, however has been indicated in the synopsis part of the writ application. In that view of the matter, learned counsel for the petitioner prayed for and is allowed to make necessary correction in the name of the petitioner in the cause title of the present writ application in his own handwriting in red ink during the course of the day. Heard counsel for the parties. The instant writ application has been preferred for directing the res...


Aug 21 2013

Raj Kumar Saini Alias Budhy Saini Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5889 of 2013 Raj Kumar Saini @ Budhu Saini ..... Petitioner with B.A. No.7165 of 2013 Surjit Singh @ Raje @ Sarjit Singh ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioners : Mr. Nagmani Tiwari (B.A. No.5889 of 2013) For the State : A. P.P. ----- 2/21.8.2013 Both these applications arise out of the same case, as such they are being disposed of by this common order. Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have been made accused for the offence under Sections 395/412 of the Indian Penal Code, in connection with Chowka P.S. Case No.07 of 2013, corresponding to G.R. No.109 of 2013. The case relates to dacoity, in which an Indigo Car, overtook the chassis and looted 200 liters fuel, tool box, tires, batteries etc., and left the chassis abandoned. The impugned order shows that the petitioners were apprehended in connection wit...


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