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Case Details

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No.842 of 2023 Abhay Singh ------ …. …. Versus Appellant The State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.844 of 2023 ------ Jitesh Kumar Jha …. …. Versus Appellant The State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.850 of 2023 ------ Md. Javed Saikh @ Md. Javed Shaikh …. …. Versus Appellant The State of Jharkhand .... .... Respondent Cr. Appeal (DB) No.857 of 2023 With ------ 1.Umesh Singh @ Umesh Kumar Singh 2.Sandeep Pandey. 3.Mukesh Kumar Mishra. …. …. Versus Appellants The State of Jharkhand .... .... Respondent Cr. Appeal (DB) No.859 of 2023 ------ With Tashid Raza @ Kashid Raza …. …. Appellant Versus .... The State of Jharkhand .... Respondent With Cr. Appeal (DB) No.865 of 2023 ------ Atif Khan …. …. Versus Appellant The State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.866 of 2023 ------ Prem Kumar Rajak …. …. Versus Appellant The State of Jharkhand .... .... Respondent Cr. Appeal (DB) No.877 of 2023 ------ With 2 Rafique Mandle @ Rafik Mondal …. …. Versus Appellant The State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.890 of 2023 ------ Janardan Pandey …. …. Appellant Versus State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.892 of 2023 ------ Gopi Pramanik …. …. Versus Appellant The State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.915 of 2023 ------ Md. Imran …. …. Versus Appellant The State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.924 of 2023 ------ Sarfaraz Alam …. …. Versus Appellant The State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.925 of 2023 ------ Naushad Ahmad …. …. Versus Appellant The State of Jharkhand .... .... Respondent Cr. Appeal (DB) No.926 of 2023 ------ With Md. Nehaluddin @ Raju …. …. Appellant Versus The State of Jharkhand .... .... Respondent Cr. Appeal (DB) No.980 of 2023 ------ With 1.Md. Hassan 2.Sattar Ansari 3.Jabbar Ansari 4.Sakir Ali @ Shakir Ali 5.Md. Umran @ Md. Hafiz @ Munna 6.Md. Shahid @ Md. Mustafa Raza @ Mohammad Sahid @ Shahid khan …. …. Appellants 3 Versus The State of Jharkhand .... .... Respondent With Cr. Appeal (DB) No.878 of 2023 ------ Anand Shah @ Anand Kumar Sah @ Anand Sah …. …. Versus Appellant The State of Jharkhand .... .... Respondent Cr. Appeal (DB) No.956 of 2023 ------ With

Legal Reasoning

1.Ibrar Ansari 2.Waheed Alam 3.Furqan Ansari 4.Aamir Khan @ Amir Khan 5.Sabbir Ahmad 6.Hasim @ Hashim Ansari 7.Md. Aslam Ansari 8.Md. Muzaffar Sajjad 9.Md. Sahil Beg 10.Md. Jakir Husain 11.Md. Nasir 12.Md. Nasiruddin 13.Md. Maksud 14.Firoz Ansari @ Md. Firoz @ Firoz 15.Md. Ifran @ Md. Irfran Ansari 16.Md. Saddam @ Md. Saddam Alam 17.Md. Alim 18.Afsar Ali 19.Md. Salim 20.Sheikh Parwez Versus …. …. Appellants The State of Jharkhand .... .... Respondent

Legal Reasoning

CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND ------ For the Appellants : Mr. R.S. Mazumdar, Sr. Advocate Mr. Nishant Kr. Roy, Advocate Mr. Bharat Kr. Jha, Advocate [In Cr. Appeal(DB) No.842/2023] : Mr. Rajiv Ranjan, Advocate Mr. Vikash Kumar, Advocate [In Cr. Appeal(DB) No.844/2023] : Mr. Vikas Kumar, Advocate [In Cr. Appeal(DB) No.850/2023] & 4 [In Cr. Appeal(DB) No.877/2023] : Mr. Indrajit Sinha, Advocate Mr. Akhouri Awinash Kumar, Advocate [In Cr. Appeal(DB) No.857/2023] & [In Cr. Appeal(DB) No.859/2023] : Mr. Saurav Kumar, Advocate [In Cr. Appeal(DB) Nos.866/2023, 915/2023, 924/2023, 925/2023 & 926/2023] : Mr. Rajendra Krishna, Advocate Mr. Jay Shankar Tiwary, Advocate Mr. Manish Kumar, Advocate [In Cr. Appeal(DB) No.890/2023] Mr. Shadab Eqbal, Advocate [In Cr. Appeal(DB) No.980/2023] Mr. Shadab Eqbal, Advocate [In Cr. Appeal(DB) No.878/2023] : Mr. Sachin Kumar, AAG-II Mr. Bhola Nath Ojha, A.P.P. [In Cr. Appeal(DB) Nos.842/2023, 866/2023] : Mr. Ravi Prakash, Spl. P.P. [In Cr. Appeal(DB) No.844/2023] Mr. Rajneesh Vardhan, A.P.P For the State [In Cr. Appeal(DB) No.850/2023] : Mr. Vineet Kr. Vashistha, Spl. P.P. [In Cr. Appeal(DB) No.857/2023] : Mrs. Nehala Sharmin, A.P.P. [In Cr. Appeal(DB) No.859/2023] : Mr. Shailendra Kr. Tiwari, A.P.P. [In Cr. Appeal(DB) No.865/2023] : Mrs. Shweta Singh, APP [In Cr. Appeal(DB) No.890/2023] : Mrs. Snehlika Bhagat, A.P.P. [In Cr. Appeal(DB) No.892/2023] : Mr. Satish Prasad, A.P.P. [In Cr. Appeal(DB) No.915, 980/2023] : Mr. Sanjay Kr. Srivastava, A.P.P. [In Cr. Appeal(DB) No.924/2023] : Mr. Shailesh Kr. Sinha, A.P.P. [In Cr. Appeal(DB) No.925/2023] : Mr. Shiv Shankar Kumar, A.P.P. [In Cr. Appeal(DB) No.926/2023] : Mr. Vishwanath Roy, A.P.P. [In Cr. Appeal(DB) No.878/2023] ------ By Court : 08/Dated: 21st July, 2023 5 1. Since all these appeals have arisen out of the same case crime i.e.,

Decision

Kadma P.S. Case No.54 of 2023, they are heard together and disposed of by this common order. 2. The instant appeals have been preferred on behalf of the accused/appellants under Section 21(4) of the National Investigation Agency Act, 2008 for setting aside the order dated 22nd May, 2023 passed in B.P. Nos.574 of 2023, 538 of 2023, 496 of 2023, 612 of 2023, 592 of 2023, 541 of 2023, order dated 17th May, 2023 passed in B.P. No.490 of 2023, order dated 24th May, 2023 passed in B.P. Nos.618 of 2023, 529 of 2023, 616 of 2023 and 582 of 2023 and order dated 3rd June, 2023 passed in B.P. No.647 of 2023 by the learned Additional Sessions Judge- II, East Singhbhum, Jamshedpur in connection with Kadma P.S. Case No.54 of 2023 registered under Sections 147, 148, 149, 332, 333, 337, 338, 353, 427, 307, 153A, 188, 295-A, 120-B and 116 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of learned Sub- Divisional Judicial Magistrate, Jamshedpur, whereby and whereunder, the appellants’ prayer for regular bail have been rejected. 3. The prosecution story in brief is that the informant Anay Raj, the City Manager (J.N.A.C.) lodged the written information with these allegations that on 9th April, 2023 he was deployed in the Shashtri Nagar to maintain law and order. Along with him, Sri Santosh Kumar Mahto, Executive Magistrate, Dhalbhum, Sri Jai Prakash Karmali, Executive Magistrate, Dhalbhum, Smt. Jyoti Kumari, Executive Magistrate, Dhalbhum, Sri Ravi Shankar Bharti, City Manager (J.N.A.C.) Sakchi and several police 6 personnel along with QRT Force were deployed to maintain the law and order in Shastri Nagar under Kadma Police Station. It is further alleged that at 06:30 p.m. they saw that near Shashtrinagar Block Nos.2 and 3 in Jatadhari Shiv Hanuman Mandir about 200 Hindu and in Shashtrinagar Block Mosque about 1000 Muslims armed with lathi, danda and sword in order to provoke religious enmity were raising slogans and pelting stones to each other. The informant, all the Executive Magistrates and police personnel made effort to pacify them but they further began to pelt stones to each other. After sometime, the Deputy Superintendent of Police, Kamal Kishore came by his Sumo car along with his bodyguards and his car was damaged by pelting stones and bricks, whereby the glass of the car was broken. Dy. S.P. Kamal Kishore and his Bodyguards, namely, Ajay Kumar and Mukesh Kumar all got down from the car and made effort to control the mob and Dy. S.P., Kamal Kishore and his both bodyguards got injured. The A.K. 47 rifle of Bodyguard, Mukesh Kumar was also damaged. The miscreants from the side of Muslim community wanted to enter in Jatadhari Shiv Hanuman Mandir, however, they have been restrained by the Dy. S.P., Kamal Kishore. After having received the information, the Superintendent of Police (City) East Singhbhum Jamshedpur, Sub-Divisional Magistrate, Dhalbhum, Officer-in-charge Bistupur, Officer-in-charge Sonari, Officer-in-charge Sidhgoda, Officer-in- charge Parsudih, Officer-in-charge Jugsalai along with police force reached at the place of occurrence. The situation at the place of occurrence became worse. The shops made out of grass and asbestos as 7 well as two motorcycles were burnt. Further Section 144 Cr.P.C. proclamation was made and announced. The mob was declared unlawful assembly and all were asked to disperse but the mob became more rash and both sides were asked to desist off from committing riot and from both sides bricks and stones were pelted on the police personnel and Magistrates. From the side of mosque, four round fire were opened and bottle bombs were also hurled upon the police personnel and Magistrates. Two round tear gas were opened and lathi charge was also done. At 8 o’ clock, Rapid Action Force reached there and they opened nine round tear gas and the mob was raising slogan of Allah Ho Akbar and Jai Sri Ram. The Magistrates and police personnel also injured in this incident and the public and government property were also damaged. It is also alleged that in this occurrence, some political and social activists were also involved, who under a criminal conspiracy in order to abet the communal enmity have got this occurrence committed. First Information Report was lodged against 119 named accused from both Hindu and Muslim community and against unknown 200 Hindu and 1000 Muslims. In this occurrence, Arshad Gaddi, Ismile Ansari, Atif Khan, Sheikh Sahil, Afjal Hussain and Md. Salauddin had sustained injuries and all were pelting stones and bricks, however, all were apprehended at the spot in order to control them. The video clip of the occurrence was also prepared by the police force, Magistrates and Press-Media persons as well on the basis of which the other accused could have been identified. The F.I.R. of this occurrence was lodged 8 against 119 named accused including the appellants and 200 Hindu as well as 1000 Muslims unknown persons with the police station concerned. 4. Learned counsels for the appellants appearing in Cr. Appeal (D.B.) Nos.842, 844, 857, 866, 878, 890 and 892 of 2023 have contended that the allegations made in the F.I.R. against all the named and unknown persons are general and omnibus. It is further contended that no specific role has been attributed to any of the appellants. No identity has been fixed of the appellants, who are named in the F.I.R. in commission of the alleged offence. The F.I.R. has been lodged against 119 persons, who are named including the appellants but there is nothing on record to show that how the informant came to know in regard to the identity of the appellants in commission of the alleged offence. In the F.I.R. itself, it has been stated that the persons of Muslim side, who were in number of 1000 to 1200 had congregated at the mosque and all were armed with deadly weapons like lathi, danda and sword. As such, it were the persons of the Muslim community, who were armed with deadly weapons, had committed the riot after having formed the unlawful assembly and they wanted to attack the persons of the Hindu community who were only 200 in number and all were empty handed. The aggressor in commission of the offence were the persons of the Muslim community and the only allegation in the F.I.R. is the pelting of stones from the persons of both community to each other. There is nothing on record to attribute any specific role to any of the appellants, rather it was the mob of both community at the place of occurrence, who were pelting stones and 9 bricks on the police personnel, who sustained injury. It is also further submitted that the co-accused persons, namely, Chandan Kumar Choubey @ Chandan Choubey, Chandan Das @ Chandan Ruhidas, Bhola Lohar, Shankar Rao @ S. Shankar Rao, Kanhaiya Pandey @ Praful Kumar, Bhim Yadav, Aniruddha Kumar Giri and Rajesh Choubey, who were not named in the F.I.R. and they had been assigned general and omnibus role along with the co-accused, who are named in the F.I.R. have been granted bail by the Additional Sessions Judge-II, East Singhbhum, Jamshedpur. Indeed the appellants have been named on account of political enmity while they have no role in commission of the alleged offence and none was apprehended at the spot. 5. Learned counsels appearing for the appellants in Criminal Appeal (D.B.) Nos.850, 859, 865, 877, 915, 924, 925, 926, 980 and 956 of 2023 also contended that the appellants had no concern in regard to forming unlawful assembly and committing riot in order to promote enmity on the ground of the religion between the two sect and there was nothing on the part of the appellants to maliciously hurt the religious feeling of the persons of two sect; rather the appellants were named in the F.I.R. because they were offering Namaz in the mosque and none of the appellants were apprehended at the spot. The appellants had no intention to disturb the communal harmony as alleged in the F.I.R. The appellants were having no weapon as alleged in the F.I.R. but it were other bad elements of the Muslim community, who were armed with deadly weapons and not the appellants. 10 Learned counsels for the appellants in the all the appeals have submitted that none of the appellant has any criminal antecedent and they are languishing in jail. On the basis of aforesaid submissions, the learned counsels appearing for all the appellants contented to enlarge the appellants on bail. 6. Learned counsels for the State vehemently opposed the contentions made by the learned counsels for the appellants and contended that all the appellants have admitted that they were present in the mosque, though offering Namaz and others have also stated that they were in the temple, as such, the presence of the appellants at the place of occurrence cannot be denied. Since it was a riot committed by the mob of two sect, it was not possible to identify each and every miscreants at the place of occurrence. The general and omnibus role has been assigned to all the named and unknown persons who are not named in the F.I.R. Some of the miscreants were apprehended at the spot, though none of them have preferred any appeal along with the present appellants. There is Call Detail Report in regard to the location of the appellants at the place of occurrence. Indeed some of the appellants, who belong to the political party, with their political end had provoked the riot at the place of occurrence. There is ample evidence against the appellants in regard to commission of the alleged offence and some of the police personnel, Executive Magistrates and Dy. S.P. also sustained injuries in this occurrence. Keeping in view the gravity of the offence, learned counsel for the State, contented not to give the privilege of bail to any of the 11 appellants since the finding of the learned trial court while rejecting their bail applications bears no infirmity. 7. We have heard the learned counsel for the parties and gone through the contents of the F.I.R, impugned order and the case diary on record. 8. The restatement of the informant—Anay Raj was recorded under Section 161 Cr.P.C., who supported the prosecution version as stated in the F.I.R. In view of paragraph 142 of the case-diary, the I.O. inspected the place of occurrence and clicked the photograph of the place of occurrence in which it is also indicated that miscreants have damaged the Hyundai Creta car bearing registration no. JH 05 CE 4517 of which glass and body was damaged. The 23 tool glass of the house were damaged. In front of Jatadhari Mandir, outer circle road, the Vision Healthcare shop was also damaged and three Mahindra cars were also damaged. The hotels and shops of the locality were also burnt and damaged. The statements of victims Bharat Kumar, Rajkapoor, Santosh Prasad, Manoj Sao, Rani Sao, Smt. Sangita Devi and Md. Saud Alam were also recorded under Section 161 of the Cr.P.C. by the I.O. during investigation. 9. The victim Bharat Kumar has stated that Arshad Mardana, Ahad Khan, Soheb Khan, Aftab Khan, Gora Bhaiya, Sadab Khan, Md. Taukir, Junaid Khan, Abdul Mobin, Nijamin, Atif and others who had covered their face intruded in his shop to whom he had identified. At the road 1100 to 1200 extremists who were armed with sword, gandasa, bhala, chapad and bottles were raising anti-religion slogans and were also pelting bricks and stones. 12 10. The victim Rajkapoor also stated that Aftab Khan, Arshad @ Mardana, Shadab Khan, Fahad Khan, Soheb Khan, Md. Taukir, Gora Bhaiya, Meraj, Afridi etc. were identified by him while they were vandalizing the household articles of the persons of the locality. 11. The victim Santosh Prasad also stated that Aftab Khan, Abdul Mobin Nijamin, Arshad @ Mardana, Shadab Khan, Sakir Khan, Junaid Khan, Fahad Khan, Md. Shahid Khan, Soheb Khan, Md. Tokir, Md. Bekal, Gora Bhaiya, Md. Rahim, Md. Meraj, Md. Afridi, Md. Taushik, Md. Atif Khan, Md. Irfan Matka Wala, Md. Jahid, Md. Sarik, Md. Dasgir, Langda Temp Driver, Md. Raja, Aftab, Baikari Raju, Bhatri, Asif, Motu, Chand, Dara, Kana Faiyaz, Afjal, Baccha Khan, Alia ka Bhagina, Imran Khan, Pogar Raju, Wasim Matka Wala all were present at the place of occurrence and persons from the side of Muslim community opened 3 to 4 round fire and a sound was heard like explosion of the bomb from their side. Along with these persons there were around 1500 other persons of the Muslim community. While Sudhanshu Ojha, Nandji Prasad, Umesh Singh, Dwipal Biswas, Roshan Kumar, Sandeep Pandey all were also present there and some local leaders of Vishwa Hindu Parishad (in short “VHP”) were also delivering speech there. The mob had also attacked on the police personnel. 12. The same kind of statements were given by the victims Manoj Sao, Rani Sao and Sangita Devi, as was given by the victim Santosh Prasad. 13. The victim Md. Saud Alam in his statement stated that the local leader of Bhartiya Janta Party (in short “BHAJPA”) and VHP were addressing to 13 the mob and they were raising slogan against Muslim community. He had identified Dwipal Biswas, Sudhanshu Ojha, Umesh Singh, Sandeep Pandey and other from the Hindu community while from Muslim community he had also identified Arshad Mardana, Md. Taukir, Md. Asif, Afridi, Meraj, Langda Tempo Driver, Amir Khan, Imran, Firoz, Rafique Mandal at the place of occurrence. In this occurrence several police personnel sustained injury. The vehicles and the shops in the locality where the occurrence took place were burnt and damaged by the mob. 14. The injured police personnel Shashi Kapoor, Executive Magistrate Jai Prakash Karmali, Santosh Kumar Mahto, Executive Magistrate whose statements were also recorded in paragraphs 154, 155 and 156 respectively of the case diary under Section 161 Cr.P.C. have also supported the allegations made in the F.I.R. 15. The independent witnesses, namely, Chandrashekhar Singh, Vishwanath Poddar, Uday Ram and Laxman Ram in their statements have stated that BHAJPA leaders, namely, Abhay Singh, Sudhanshu Ojha, Nandji Prasad, Umesh Singh and VHP leaders, namely, Janardan Pandey, Kanhaiya Pandey, Ajay Gupta, Shankar Rao, Bhola Lohar, Rajesh Chaubey, Chandan Chaubey, Bhim Yadav, Chandan Das etc. were present at the place of occurrence with whom they were familiar. The BHAJPA and VHP leaders were provoking communal enmity pertaining to religion. It is further stated by the independent witnesses that from the Muslim side, Aftab Khan, Nijamin, Abdul Mobin, Laddan, Arshad Gaddi, Atif Khan, Md. Raja, Arshad @ Mardana, Kana Faiyad, Md. Rahim and others were also 14 raising anti-religion slogans and pelting stones. They had also intruded in the Jatadhari Mandir and pelted stones upon the mob and also damaged the glass of the window of the nearby houses. 16. The video clip was also seized by the I.O. and same was stored in a pen- drive in which it is seen that the accused Sudhanshu Ojha, Dwipal Biswas, Roshan Kumar were delivering speech in order to provoke the enmity between the two sects. In paragraph 369 of the case diary, the call detail report of some of the accused in regard to their location at the place of occurrence is mentioned. In paragraph 403 of the case diary, the CCTV footage of the place of occurrence is mentioned but none was identified on the basis of the CCTV footage. 17. From the evidence collected by the I.O., it is found that none of the appellants were apprehended at the spot, though the name of the appellants have figured in the F.I.R. among 119 named accused persons along with 200 unknown persons of Hindu Community and 1000 unknown persons of Muslim community. The role assigned to all the named accused and also the unknown persons is general and omnibus. No specific role has been attributed to any of the appellants, though the victims whose statements were recorded under Section 161 Cr.P.C. as referred hereinabove have identified some of the accused of both community i.e., Hindu and Muslim but all these victims have stated that these accused persons, who were identified by them along with other unknown miscreants of both the community had committed riot at the place of occurrence. Only the presence of these appellants has been 15 identified at the place of occurrence but the role of these appellants along with other unknown accused who were more than 1500 of both community have been assigned general and omnibus role. Some leaders of BHAJPA and VHP whose names also came in the statements of the witnesses under Section 161 Cr.P.C. have been alleged to address the mob in order to provoke the communal enmity and even the police personnel have also in their statements have given the same kind of the statement. Despite the heavy police force, none of the so called leaders of BHAJPA and VHP were apprehended at the spot by the police; while addressing at the place of occurrence. 18. The learned Additional Advocate General-II also conceded this fact that all the named appellants along with other unknown accused whose names do not figure in the F.I.R. have been assigned general and omnibus role. The co-accused Chandan Das @ Chandan Ruhidas, Bhola Lohar, Shankar Rao @ S. Shankar Rao, Kanhaiya Pandey @ Praful Kumar, Bhim Yadav, Aniruddha Kumar Giri and Rajesh Choubey whose names do not figure in the F.I.R., rather their names transpired during investigation have also been granted bail by the learned trial court in B.P. No.500 of 2023 vide order dated 17th May, 2023 passed by the learned Additional Sessions Judge-II, East Singhbhum, Jamshedpur. It is evident from the evidence collected by the I.O. that the accused persons of both Hindu and Muslim community were pelting stones to each other, whereby police personnel sustained injury and their vehicles were also damaged. From the F.I.R. allegation, it is also evident that it were the persons of the 16 Muslim community, who were armed with deadly weapons, had intruded in Jatadhari Shiv Hanuman Mandir. In this case, the charge-sheet has been filed and at this stage it cannot be ascertained that who was the aggressor between both the communities. This fact is also admitted that though the police personnel sustained injury, yet the nature of injury was not grievous. There is no injury report on record or statement of the doctor in regard to conducting the medical examination of the injured. 19. Regard being had to the facts and circumstances of the case and taking into consideration the evidence collected by the I.O. as discussed hereinabove, this Court deems it fit and proper not to interfere with the order dated 22nd May, 2023 passed in B.P. Nos.574 of 2023, 538 of 2023, 496 of 2023, 612 of 2023, 592 of 2023, 541 of 2023, order dated 17th May, 2023 passed in B.P. No.490 of 2023, order dated 24th May, 2023 passed in B.P. Nos.618 of 2023, 529 of 2023, 616 of 2023 and 582 of 2023 and order dated 3rd June, 2023 passed in B.P. No.647 of 2023 by the learned Additional Sessions Judge-II, East Singhbhum, Jamshedpur in connection with Kadma P.S. Case No.54 of 2023. 20. Accordingly, the aforesaid orders passed in different bail petitions by the learned Additional Sessions Judge-II, East Singhbhum, Jamshedpur in connection with Kadma P.S. Case No.54 of 2023 are, hereby, quashed and set aside. 21. In view thereof, the instant appeals stand allowed. 22. In consequence thereof, the appellants, above named, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty 17 Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jamshedpur in connection with Kadma P.S. Case No.54 of 2023, subject to the conditions that the appellants shall co-operate in the trial and shall not absent themselves on the date fixed without any cogent cause; and shall not commit offence of the like nature. In failure, the learned trial court shall have liberty to cancel the bail of the appellants without any reference to this Court. 23. Accordingly, the instant appeals stand disposed of. (Sujit Narayan Prasad, J.) (Subhash Chand, J.) Rohit Pandey/-

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