Mahmood Miyan vs State of Jharkhand

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 10.30 a.m.. They have no complain with respect to the audio and video clarity and quality.

Defects are ignored.

Petitioner is an accused for allegedly committing the offence punishable under Sections 384, 385, 387, 120B/34 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act in connection with Chandwa Police Station Case No. 09 of 2020, pending in the Court of the Additional Chief Judicial Magistrate, Latehar.

From the possession of this petitioner one country made pistol and some cartridges were recovered. Petitioner is in custody since 15.01.2020.

Chargesheet has already been submitted by the police in this case.

Considering the period of custody, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Mahmood Miyan, 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 the learned Additional Chief Judicial Magistrate, Latehar in connection with Chandwa Police Station Case No. 09 of 2020, subject to the following conditions: -

(i) One of the bailers should be a close relative of the petitioner, having sufficient landed property in his own name within the district of Latehar;

(ii) The petitioner will submit a proof of his residential address at the time of furnishing bail bonds and he will not change his residential address without the permission of the Court;

(iii) The petitioner will appear and mark his attendance before the Officer-in-Charge, Chandwa Police Station, Latehar, once in every 15 days till completion of the trial. If he fails to appear in any particular period, his bail bonds shall stand cancelled and the Officer-in-Charge concerned would be at liberty to arrest the petitioner.