Mustakim Mian @ Mustakim (s) Master v. State of Jharkhand
2010-10-06
D.K.SINHA
body2010
DigiLaw.ai
Order Petitioner No.2 Alim Mian @ Alim Ansari apprehends his arrest in Panki P.S. Case No. 118/09, corresponding to G.R. No. 1650/09 pending in the Court of Chief Judicial Magistrate, Palamau at Daltonganj. 2. Initially the case was instituted for the alleged offence under Sections 341/323/506/34 of the Indian Penal Code, ali bailable in nature, as such petitioner was admitted to bail by the Court. Since after investigation charge-sheet was submitted under Sections 307/34 of the Indian Penal Code against the petitioner and others, it is stated that his bail bond was cancelled by the Chief Judicial Magistrate on 22.7.2010 and directed the petitioner to appear physically for his fresh bail. Against that order, petitioner preferred A.B.P. No. 329 of 2010 alongwith one Mustakim Mian @ Mustakim Master, but prayer of the petitioner was refused on merit that petitioner had inflicted grievous injury. 3. Learned counsel Mr. Rajeev Kumar submitted that once bail is granted to the accused-petitioner, his personal liberty cannot be curtailed only on the ground that charge-sheet has been submitted under Sections 307/34 of the Indian Penal Code. 4. Learned counsel Mr. Rajeev Kumar relied upon a decision of this Court, reported in 2009(1) East Cr.C. 128(Jhr.) which was based upon the decision of Dolat Ram and Others vs. State of Haryana, reported in (1995)1 SCC 349 as also Kashmira Singh vs. Duman Singh, reported in AIR 1996 SC 2176 that bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. 5. In the facts and circumstances, in the event of his arrest or surrender within 15 days of this order, the Petitioner No.2 Alim Mian @ Alim Ansari is directed to be released on executing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Palamau at Daltonganj in connection with Panki P.S. Case No. 118/09, corresponding to G.R. No. 1650/09 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Bailers of the petitioner would be his near relatives and he would appear in the trial court regularly.