Arjun Mahto & Ors vs State Of Jharkhand

The affidavit filed by the Superintendent of Jail, Chatra is accepted and kept on record.

This application for bail was filed on behalf of four petitioners, namely, Arjun Mahto, S/o Bharat Yadav, Anuj Mahto S/o Chola Mahto, Kheman Mahto, S/o Chola Mahto and Pramod Mahto S/o Ritu Mahto.

This bail application was filed on 24.02.2018. Pairvikar of this application is one Prakash Kumar S/o Shyam Dev Ram. Vakalatnama in these applications are a joint Vakalatnama singed by all the accused persons from custody. The Vakalatnama was signed on 31.01.2018, which would be evident from the counter-signature of the jailor of Sub Divisional Jail, Chatra.

Petitioner Arjun Mahto and Anuj Mahato had filed another bail application on 10.02.2018 being B.A. No. 1242 of 2018, which was disposed on 19.04.2018, granting bail to them. Similarly Kheman Mahto and Pramod Mahto had filed a bail application earlier being B.A. No. 1549 of 2018 which was also disposed of on 19.04.2018.

This facts suggest that this instant bail application was filed during pendency of the earlier two bail applications by the same accused persons. The Pairvikar in B.A. Nos. 1242 of 2018 and 1549 of 2018 is one Prem Mahato, S/o Chola Mahto. This means he is the brother of Kheman Mahato and Anuj Mahato. The Vakalatnama was signed by the accused in these two cases are also of the same dates i.e. on 31.01.2018, which would be apparent from the endorsement of the concerned officer of the jail.

From the affidavit of the Superintendent of Jail, it appears that on 31.01.2018, in respect of Pratapur P.S. Case No. 21 of 2017 eight different Vakalatnamas were signed and executed by the accused on the same date. The affidavit also suggests that one Navin has got all these Vakalatnamas executed. From the annexures of the affidavit, especially page nos. 8 and 9, it clearly appears that the Vakalatnama was obtained by one Navin. No details of this Navin has been mentioned in the register and who has directed this Navin to get the Vakalatnama executed, is also not clear. Further, I find that in this instant bail application Arjun Mahato i.e. petitioner no.1 is shown as son of Bharat Yadav which is evident from the cause title. How the parentage of petitioner no.1 is changed, is also not known.

In view of all these aforesaid discrepancies, I direct the Registrar General of this Court to initiate an enquiry and submit report before this Court within six weeks.

Pursuant to the order of this Court all the four accused persons are present before this Court along with the Pairvikar of all the cases. I direct the accused persons and the Pairvikars to appear before the Registrar General of this Court today itself and mark their attendance giving undertaking before the Registrar General to appear on each and every date before him.

A direction is given to the Jail Authorities of all the Jails in the State of Jharkhand, to the effect that they will maintain a Register and will record the name, parentage and residential address along with mobile numbers of the persons, who comes to obtain Vakalatnama of the prisoners who are lodged in jail. This direction should be complied with immediately without any delay.

Let a copy of this order be communicated to the Chief Secretary, Jharkhand, Principal Secretary, Department of Home, Jharkhand, and Inspector General Prison, Jharkhand, Ranchi through FAX for compliance.

Let a copy of this order along with all the concerned files and affidavits of these three cases be placed before the Registrar General of this Court today itself.

List this case after six weeks.