AI Structured Summary
Not yet generated for this judgment
Judgment
Learned counsel for the petitioner has submitted that though there are defect nos.9(i) to 9(iv) in the bail application as pointed out by the stamp reporter but he has filed an undertaking that he shall remove the defects within 30 days after the physical court starts and the bail application may be heard, as it is a regular bail application of the petitioner and petitioner is in custody since 02.03.2020.
Considering the same, this Court is inclined to hear the bail application on merit but with condition that petitioner shall remove the defects within 30 days after the physical court starts.
Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defects. Heard, learned counsel for the petitioner, Mr. Sabyasanchi and learned counsel for the State, Mr. Vishwanath Ray.
Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Garhwa P.S. Case No.755 of 2013, for the offence registered under Sections 341, 323, 386 and 392 IPC. Learned counsel for the petitioner has submitted that instant case has been lodged against two named accused persons namely Raj Khan and Imran Ansari and two unknown persons.
Learned counsel for the petitioner has submitted that petitioner has not named in the FIR nor he has any knowledge about the pendency of the case, as such, he could not surrender earlier and he has been remanded in this case on 02.03.2020. Charge has already been framed in the year, 2020. Offences are triable by a Magistrate, as such, petitioner may be enlarged on bail. Learned counsel for the petitioner has further submitted that co-accused Imran Ansari has already been granted bail by co-ordinate Bench of this Court vide order dated 08.08.2014 in B.A. No.5781 of 2014. Learned counsel for the State has opposed the prayer for bail and has submitted that petitioner has absconded since 2013 to 2020 and he has as many as 25 criminal antecedents i.e. five cases of murder, six cases of attempt to murder, four cases of rangdari and three cases of preparation of dacoity, as such, petitioner may not be enlarged on bail.
Considering the rival submissions of the parties, learned State counsel is directed to file counter-affidavit within four weeks regarding nature of all 25 cases and stage of trial.
The Superintendent of Police, Garhwa is directed to depute an officer not below the rank of DSP and explain that what action has been taken by the police since 2013-2020 for apprehending the accused. Why the police has not remanded him immediately after his arrest in different cases?
Whether the police department is maintaining such record so as to locate the accused in custody in different cases and be remanded in the present case so that trial can be disposed of in expeditious manner. The desired report must be submitted within a period of four weeks. List this case after four weeks along with counter-affidavit. Let a copy of this order be communicated through FAX to the Director General of Police, Jharkhand for information and needful.