IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1451 of 2011
Shamshad Khan @ Md.Shamsad Khan .... Petitioner
Versus
The State of Jharkhand ...O.P.
Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari
For the Petitioner : Mr. Rajesh Kumar, Advocate
For the O.P. : APP
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2 /29.03.2011
The petitioner is an accused in the case registered for the offence under
sections 413, 414, 467, 468, 471 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner submitted that the petitioner has been
falsely implicated in the case; he is the registered owner of the truck
no.NL-05D-6968; the allegation is that on the date of occurrence, the truck was
intercepted and found loaded with coal without any valid and legal paper; the
allegation is wholly baseless; the petitioner’s truck was hired for transportation
and the paper was also produced, but the police with ulterior malafide implicated
this petitioner and other persons; co-accused-Ramadhin Rawani, Upendra Rai,
Iqbal Khan and Sajan Singh with similar allegation have been granted bail by
this Court, as has been stated in paragraphs-15 and 16 of this application;
petitioner is a local permanent resident; there is no chance of his absconding.
Learned APP opposed the prayer for bail of the petitioner and submitted
that the petitioner is a resident of State of West Bengal and there is likelihood of
his absconding, if he is released on bail.
Regard being had to the facts and circumstances of the case, the above
named petitioner 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 Judicial Magistrate, Dhanbad in connection with
Govindpur P.S. case no.197 of 2010, corresponding to G.R. Case no.1829 of
2010 with the condition that the bailors on behalf of the petitioner must be the
local permanent residents of the place within the territorial jurisdiction of learned
court below and that the petitioner shall physically appear on all the dates in the
case as and when his personal appearance is required in the court below.
( Narendra Nath Tiwari, J.)
s.b.