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Judgment
Heard learned counsel for the petitioners and learned A.P.P. Mr. Shiv Kumar Sharma for the State through Video Conferencing.
Six petitioners along with two others as also 150-200 unknown persons were made accused in connection with Siyaljodi P. S. Case No. 50 of 2014, corresponding to G.R. No. 801 of 2014 for the offence registered under Sections 147, 148, 149, 341, 323, 307, 379, 435 and 337 of the Indian Penal Code. After investigation, police submitted charge-sheet against the petitioners under Sections 147, 148, 149, 341, 323, 435, 337 and 427 of the Indian Penal Code on 22.6.2016. Since these sections were bailable, bail was granted by the police itself. However, thereafter cognizance has also been taken under Section 324, 325 and 307 of Indian Penal Code.
Petitioners along with others are land loosers, who have been falsely implicated in the instant case. Their lands were acquired by Electro Steel Company, the then Electro Steel Company whose Management has now been taken over by another Company. Since police after investigation did not find any material to substantiate the allegations of attempt to murder or theft against the petitioners and others, charge-sheet under the aforesaid Sections have been submitted. In these circumstances, petitioners deserve to be protected in terms of Section 438 of the Cr. P. C from being subjected to unnecessary incarceration. Therefore, petitioners have approached this Court for anticipatory bail. Moreover, the alleged offence relates to the year 2014 itself.
Learned counsel for the petitioners has relied upon a judgment reported in the case of Mustakim Mian @ Mustakim Master Versus The State of Jharkhand (2011) 1 JLJR 445.
Learned Additional Public Prosecutor Mr. Shiv Kumar Sharma has opposed the prayer for anticipatory bail. He submits that the petitioners should surrender before the Trial Court and seek regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances noted above, this Court without expressing any opinion on the merits of the case, deems it proper to direct the petitioners to surrender before the learned Trial Court within a period of 4 weeks. Needless to say, learned Trial Court would consider their application for bail on its own merit on the same day if it is not unavoidable.
The instant petition is disposed of accordingly.