Ghasi Ram Korah @ Ghashi Ram Korah, aged about 60 years, son of Late v. The State of Jharkhand
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No.1237 of 2023 ----- Ghasi Ram Korah @ Ghashi Ram Korah, aged about 60 years, son of Late Borta Korah, Resident of Village-Hathiburu, P.O. & P.S. – Goilkera, District-West Singhbhum. … … Appellant Versus The State of Jharkhand … … Respondent ------- CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR ------- For the Appellant For the Respondent : Mr. Anjani Kumar, Advocate : Mrs. Nehala Shramin, Spl.P.P. Order No. 11/Dated 3rd January, 2024 ------ 1. The instant appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 against the order dated 21.06.2023 passed by the learned Additional Sessions Judge-IV, West Singhbhum at Chaibasa in Misc. Criminal Application No.808 of 2023 [S.T. Case No.280 of 2023] whereby and whereunder the prayer for regular bail of the appellant in connection with Goilkera P.S. Case No.08 of 2023, G.R. Case No.179 of 2023 registered for the offence under Sections 147, 148, 149, 353, 332, 333, 307, 120-B of the Indian Penal Code, Section 3/4/5 of the Explosive Substance Act, Section 10/13 of U.A.P. Act and under Section 17 of the C.L.A. Act, has been rejected. 2. It has been contended that the appellant has falsely been implicated in this case since no incriminating material has been surfaced even in course of investigation since chargesheet has already been submitted and charge has also been framed. 2 3. The submission has also been made that the allegation against the appellant is based upon the confessional statement of the co-accused person and based
Legal Reasoning
upon the same, the learned trial court has rejected the prayer of the appellant for regular bail by taking note of different paragraphs of the case diary wherein it has been referred that the villagers have supported the prosecution version. 4. It has been submitted that the appellant is languishing in judicial custody since 20.02.2023 and even the charge has been framed on 10.08.2023 but not a single witness has been produced by the prosecution since then. 5. Learned counsel for the appellant, based upon the aforesaid ground, has submitted that it is a case where the impugned order has been passed without taking into consideration all these facts, hence, the impugned order may be interfered with. 6. While on the other hand, Mrs. Nehala Sharmin, learned Special Public Prosecutor has seriously opposed the prayer for bail by defending the order passed by the learned court by referring to the various paragraphs of the case diary, i.e., paragraph Nos. 5, 6, 7, 8, 9, 32 and 36. 7. It has been contended that the appellant is having two criminal antecedents being Goilkera P.S. Case No.07 of 2018 and Goilkera P.S. Case No.06 of 2021. 8. Learned counsel appearing for the State, based upon the aforesaid ground, has submitted that the impugned order may not be interfered with. 3 9. We have heard learned counsel for the parties, gone across the finding recorded by the learned court while dealing with the application for regular bail as also the case diary and the written objection which has been filed pursuant to the order dated 20.09.2023. 10. Learned counsel appearing for the State has referred the various paragraphs of the case diary, i.e., paragraph Nos. 5, 6, 7, 8, 9, 32 and 36, which is the basis of making opposition for showing interference with the impugned order. 11. This Court has gone through the aforesaid paragraph and found therefrom that there is no specific attributability having been alleged against the appellant save and except the omnibus and vague allegation of being identified on the basis of description given by the informer of the police basis upon which the appellant has been taken into custody. 12. It has further been referred in these paragraphs that no incriminating material has been recovered as also the appellant has not been apprehended from the spot. 13. It further appears that the statement of the said informer who is said to have given the description has not been recorded under Section 161 Cr.P.C. 14. So far as the ground taken regarding the criminal antecedent is concerned, learned counsel appearing for the appellant has shown an order dated 20.12.2023 passed by this Bench in Criminal Appeal (DB) No.1300 of 2023 whereby and whereunder the appellant has been directed to be 4 released on bail in connection with Goilkera P.S. Case No.6 of 2021. 15. This Court, considering the aforesaid fact and also taking into consideration the fact that the appellant is languishing in judicial custody since 20.02.2023 and the charge has also been framed on 10.08.2023, as has been informed by the learned counsel for the appellant, but yet there is no progress in the trial, is of the view that the impugned order needs to be interfered with. 16. Accordingly, the order dated 21.06.2023 passed by the learned Additional Sessions Judge-IV, West Singhbhum at Chaibasa in Misc. Criminal Application No.808 of 2023 [S.T. Case No.280 of 2023] in connection with Goilkera P.S. Case No.08 of 2023 corresponding to G.R. Case No.179 of 2023, is, hereby, quashed and set aside. 17. 18. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, West Singhbhum at Chaibasa in connection with Goilkera P.S. Case No.08 of 2023 corresponding to G.R. Case No.179 of 2023, subject to the conditions that the appellant shall 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 5 appropriate order in accordance with law so that trial be not hindered. 19.
Decision
Accordingly, the instant appeal stands disposed of. (Sujit Narayan Prasad, J.) (Navneet Kumar, J.) Birendra/