Subhash Prasad Yadav vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Shailendra Jit. Learned counsel for the petitioner has submitted that defect nos. 9 (i) & 9(ii), as per Stamp Reporting dated 18.06.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and prayed for hearing of the anticipatory bail application, as petitioner is apprehending his arrest during pandemic of Covid-19.

Considering the same, this Court is inclined to hear the instant anticipatory bail application on merits, but with condition that petitioner shall remove the defect(s) 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 defect(s).

It appears that the petitioner is apprehending his arrest in connection with Ichak P.S. Case No. 31 of 2018, corresponding to G.R. No. 534 of 2018, for the offence registered under sections 147, 148, 149, 307, 353, 323, 324, 332, 337, 338, 504, 506 I.P.C, Section 21 of M.M.R.D. Act, 1957 and 54 of J.M.M. Rule, 2004.

Learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application as no document has been furnished by the petitioner with regard to medical plea taken in the application.

Permission is granted.

Accordingly, the instant anticipatory bail application is dismissed as withdrawn.

However, Superintendent of Police, Hazaribag should explain before this Court that earlier the anticipatory bail application of this petitioner was rejected on 08.03.2019 passed in A.B.A. No. 5232/2018 and thereafter the case is pending for appearance of the accused as the investigation was pending.

Under the aforesaid circumstances, Superintendent of Police, Hazaribag should file an affidavit in person before the Court that further, what steps have been taken regarding investigation of this case after 08.03.2019 and and if there is any laches on the part of Investigating Officer in investigating the case i.e. Ichak P.S. Case No. 31/2018, what action has been taken against him?

Superintendent of Police, Hazaribag should also explain that after 08.03.2019 whether police has taken any attempt to apprehend this petitioner or not? It has been found that 46% of the criminal cases are pending because of appearance of the accused?

Superintendent of Police, Hazaribag should also explain before this Court that whether there is any connivance of the Investigating Officer with accused person or not?

Affidavit must be filed within four weeks.

Deputy Inspector General, Hazaribag should look into matter as it is rampant in the district of Hazaribag and Giridih that even after refusal of anticipatory bail, the accused persons are roaming around freely for years and only after when the Court take cognizance of such matters, the persons are apprehended, as such, the Deputy Inspector General, Hazaribag is directed to look into this matter and pass necessary order directing the district police in this regard.

List this case after receipt of affidavit.