IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.213 of 2011
1. Naimuddin Sheikh @ Naimuddin Sk.
@ Mainuddin Sk.
2. Saheb Sk. @ Raja Sheikh ...... Petitioners
-Versus-
The State of Jharkhand. ....... Opposite Party.
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CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner : Mr. Rajeeva Sharma, Sr. Advocate
For the State : A.P.P.
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3/03.03.2011
: The petitioners are accused in the case registered under Section
364A of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners submitted
that the petitioners have been falsely implicated in this case; the Police,
after investigation, has found the allegation false and has submitted
charge sheet under Section 343 I.P.C. which is bailable; however,
cognizance has been taken under Section 364A I.P.C. against the
petitioners without any basis; the petitioners are in custody since
October, 2010.
Learned A.P.P. opposed the petitioners’ prayer for bail and
submitted that though the charge sheet has been submitted under
Section 343 I.P.C., cognizance has been taken under Section 364A
I.P.C.; petitioners are residents of West Bengal and there is likelihood of
their absconding, if they are released on bail.
Regard being had to the facts and circumstances of the case, the
petitioners, above named, are directed to be released on bail on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two
sureties of the like amount, each, to the satisfaction of learned Chief
Judicial Magistrate, Pakur in connection with Pakur (M) P.S. Case
No.241 of 2010, corresponding to G.R. No.629 of 2010 with the
conditions that the bailers must be the permanent residents of the place
within the territorial jurisdiction of learned trial court and that the
petitioners shall physically appear in the case on all the dates in the
court below.
(Narendra Nath Tiwari, J.)
Shamim/