Suraj Ganjhu @ Lal jeet Ganjhu v. The State of Jharkhand
Case at a glance
- Bench
- SUJIT NARAYAN PRASAD, SUBHASH CHAND
Outcome
Allowed
In view thereof, the instant appeal stands allowed
Provisions considered
Key paragraphs
- Para 77. Accordingly, the instant appeal stands disposed of. (Sujit Narayan Prasad, J.) Alankar/ (Subhash Chand, J.)
Judgment
:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND ------ For the Appellants For the Respondent : None : Mr. Pradeep Kumar Prasad, Advocate Order No. 04 : Dated 6th July, 2023 -------- The instant appeal has been filed under Section 21(4) of the National Investigating Agency Act, 2008 for setting aside the order dated 18th January, 2023 passed in S.T. No. 37 of 2021 arising out of Katkamdag P.S. Case No. 150 of 2016 corresponding to G.R. No. 3582 of 2016 by learned Additional Sessions Judge-VII, Hazaribagh registered under Sections 25(1- B)a, 25(1-AA)/26/35 of the Arms act; Section 17 of the CLA Act, whereby and whereunder the prayer for regular bail of the appellant has been rejected.
Learned counsel for the appellant has submitted that the appellant is not named in the F.I.R. rather his name has come on the confessional statement of co-accused Bablu Yadav, who has been granted bail by the Co-ordinate Bench of this Court vide order dated 08.08.2017 in B.A. No. 4705 of 2017. It has been submitted that case of the appellant stands on similar footing, as such he may be granted bail by allowing the instant appeal.
None appears for the respondent-State - 2 -
This Court having heard learned counsel for the appellant and has considered the fact that the name of appellant has surfaced on the confessional statement of co-accused, namely, Bablu Yadav, who has been granted bail by this Court vide order dated 08.08.2017 in B.A. No. 4705 of 2017, as such we are of the view that order dated 18th January, 2023 passed by learned Additional Sessions Judge-VII, Hazaribagh requires interference. Accordingly, the same is hereby quashed and set aside.
Operative part
In view thereof, the instant appeal stands allowed. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- [Ten Thousand] with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- VII, in S.T. No. 37 of 2021 arising out of Katkamdag P.S. Case No. 150 of 2016 corresponding to G.R. No. 3582 of 2016, subject to the condition which the learned trial Court deems fit and proper so that the trial may not get hindered.
Accordingly, the instant appeal stands disposed of. (Sujit Narayan Prasad, J.) Alankar/ (Subhash Chand, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view thereof, the instant appeal stands allowed
Which statutory provisions did this judgment involve?
National Investigating Agency Act, 2008 — s. 21(4); Arms Act, 1959.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.