West Singhbhum The State of Jharkhand v. With
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No.1311 of 2023 Shibo Gope, S/O Budhram Gope, Resident of Village-Kadamdiha, P.O. Kuira, P.S. Goilkera, District-West Singhbhum The State of Jharkhand Versus With …… Appellant ……Respondent Criminal Appeal (D.B.) No.1310 of 2023 Kaira Purty S/O Mangta Purti, Resident of Village-Ichahatu, P.O. Kuira, P.S. Goilkera, District-West Singhbhum …… Appellant The State of Jharkhand Versus With ……Respondent Criminal Appeal (D.B.) No.1500 of 2023 1. Kona Purty, S/o Dibay Purty, resident of Village- Ichagoda, P.O.- Baipee, P.S.-Goilkera, District-West Singhbhum, 833102 (Jharkhand) 2. Bandai Purty @ Sanjay Purty, S/O Malaka Purty, resident of Village- Kashijora, P.O.-Baipee, P.S.-Goilkera District-West Singhbhum, 833102 (Jharkhand) 3. Kona Purty, S/O Gurucharan Purty, Resident of Village- Kashijora, P.O.-Baipee, P.S. Goilkera District-West Singhbhum, 833102 (Jharkhand) …… Appellant Versus The State of Jharkhand ……Respondent
Legal Reasoning
---------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- In Cr. Appeal No.1311 of 2023 For the Appellant : Mr. Randhir Kumar Vishwakarma, Advocate For the Respondent : Mrs. Mahua Palit, A.P.P. In Cr. Appeal No.1310 of 2023 For the Appellant : Mr. Randhir Kumar Vishwakarma, Advocate For the Respondent : Mr. Nawin Kr. Singh, A.P.P. 2 In Cr. Appeal No.1500 of 2023 For the Appellants : Mr. Bhaskar Trivedi, Advocate Mr. Priyanshu Nilesh, Advocate Mr. Anshuman, Advocate For the Respondent : Mr. Pankaj Kr. Mishra, A.P.P. Order No.06/ Dated:01.02.2024 ….. 1. All these appeals have been heard together, since the same was heard together on the previous date also i.e. on 25th January, 2024 for the reason that the appellants are seeking grant of regular bail against the common F.I.R. 2. The prayer for bail of the appellants, namely, Kaira Purty and Shibo Gope has been rejected in B.P. No. 231 of 2031 by common order dated 09.06.2023 and the bail of appellants, namely, Kona Purty son of Dibay Purty, Bandai Purty @ Sanjay Purty, Kona Purty, son of Gurucharan Purty has been rejected in Misc. Criminal Application No. 836 of 2023 vide order dated 23.06.2023. 3. The prosecution case as alleged in the F.I.R. inter-alia is that on 01.12.2022 a secret information was received that P.L.F.I. extremists have planted I.E.D. bombs for causing damage/injury to Police Personals and thus a raiding team was constituted and during hunt operation several bombs were recovered and destroyed by BDS team and its remnants were handed over. Later on through villagers the name of few extremists were transpired and accordingly on the basis of written report of Girdhari Kumar Saw, ASI, Goilkera, the aforesaid case has been registered against 10 accused persons. 4. Learned counsel appearing for the appellants in all these appeals have jointly submitted that it is a case where all the appellants have been implicated on the basis of the confessional statement of the Co-accused persons as mentioned in para 37 of the case diary. The appellants have been implicated on the basis of their confessional statements recorded in another case being Sonua P.S. Case No. 7 of 2023 dated 23.01.2023 disclosing involvement of the present appellants and accordingly the appellants were remanded from that case on 18.04.2023. It has been submitted that no incriminating materials have been recovered from the physical or conscious possession of the appellants. Although, there are two criminal antecedents against the appellants of Criminal Appeal (D.B.) No.1310 of 2023 and Cr. 3 Appeal (DB) No.1311 of 2023 including the present one. Further submission have been made that the appellants in Cr. Appeal (DB) No.1311 of 2023 and Criminal Appeal (D.B.) No.1310 of 2023 are concerned they are languishing in judicial custody since 18.04.2023 and so far as appellants of Criminal Appeal (D.B.) No.1500 of 2023 are concerned they are in custody since 13.12.2022. 5. Learned counsel for the appellants based on the aforesaid ground has submitted that all the aspects of the matter have not been appreciated by the learned Court while considering the prayer for regular bail. Hence, these instant appeals. 6. While on the other hand, learned Additional Public Prosecutor have vehemently opposed the prayer for bail. However, they are fair enough to submit while going through the case diary that the name of the appellants have come in the instant case on the basis of the confession by the co-accused persons, namely, Kaira Purti @ Nipendra @ Jedo and Shiva Gope in Sonua P.S. case No. 07 of 2023. 7. It has not been disputed that in one case which is said to be pending against the appellants excluding the present one the learned Sessions Court has passed the order directing them to release on bail. 8. Heard the learned counsel for the parties and gone through the finding recorded by the learned trial court while considering the prayer for regular bail as available in the impugned order and the case diary along with the counter affidavit filed in respective criminal appeals. 9. The court taking into consideration that there is no recovery of the any incriminating material. Further the name of the appellants have come on the basis of the confessional statement made by Kaira Purti @ Nipendra @ Jedo and Shiva Gope. One of the criminal case is said to be pending by way of criminal of antecedent and the appellants have been directed to be released on bail by order passed by the learned Sessions Court. The appellants have in custody since 13.12.2022 & 18.04.2023. 10. Regard being had to the facts and circumstances the impugned order dated 09.06.2023 in the Cr. Appeal (DB) No.1311 of 2023, Criminal Appeal (D.B.) 4 No.1310 of 2023 and impugned order dated 23.06.2023 as included in Criminal Appeal (D.B.) No.1500 of 2023 are hereby quashed and set aside. 11. In view thereof, these appeals stand allowed. 12. In consequence thereof, the appellants, above named, are directed to be released on bail on furnishing bail bond of Rs. 25,000/- [Twenty Five Thousand] each with two sureties of the like amount each to the satisfaction of learned S.D.J.M (Porahat) at Chaibasa in Cr. Appeal (DB) No.1311 of 2023 and Criminal Appeal (D.B.) No.1310 of 2023 and learned Additional Sessions Judge, IV, West Singhbhum Chaibasa in Criminal Appeal (D.B.) No.1500 of 2023 in connection with Goilkera P.S. Case No. 42 of 2022 corresponding to G.R. No. 116 of 2023 and S.T. No. 214 of 2023. 13. Considering the gravity of offence there may not be any hindrance in the trial and the appellants are directed co-operate in the trial and shall not absent himself 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 pass appropriate order in accordance with law so that trial be not hindered. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Rajnish/