Samu Pahan S/o Late Mangra Munda v. State of Jharkhand
2025-01-03
ANUBHA RAWAT CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : ANUBHA RAWAT CHOUDHARY, J. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 18.02.19 in connection with Murhu P.S. Case No.09 of 2019, dated 18.02.19, corresponding to N.D.P.S. Case No.06 of 2019 registered under Section 18 (B) of N.D.P.S. Act, pending in the Court of learned Special Judge, NDPS at Khunti. 2. The learned counsel for the petitioner submits that the bail applications of the petitioner have been rejected thrice by this Court in B.A. No.5639 of 2019, B.A. No.6822 of 2020 and B.A. No.10847 of 2022 on 19.08.2019, 19.02.2021 and 17.03.2023 respectively. He submits that there is allegation of recovery of 7.9 kgs of opium from the house of the petitioner. He has submitted that the petitioner is in custody since 18.02.2019. He submits that in the trial, there was 7 charge sheeted witnesses, out of which 5 have already been examined and informant and investigating officer are yet to be examined. This is as per the report received from the court concerned vide letter no.675 dated 25.10.2024. 3. The learned counsel submits that in the meantime, the co-accused who was facing the trial along with the petitioner namely Majan Munda @ Mangon Munda was granted bail and his bail bond has been cancelled on 05.09.2023 and the case is pending for appearance of the co-accused. He submits that under such circumstances, considering the custody of the petitioner, the petitioner may be enlarged on bail. The learned counsel has also submitted that the petitioner is ready to abide by any condition for grant of bail. It has been submitted by the learned counsel for the petitioner that the wife is ready to become the bailor of the petitioner. 4. The learned counsel appearing on behalf of the opposite party has opposed the prayer for bail. However, she has submitted that appropriate steps will be taken so that the trial of the petitioner is taken to a logical end either by getting co-accused arrested or by separating the trial of the petitioner. 5.
4. The learned counsel appearing on behalf of the opposite party has opposed the prayer for bail. However, she has submitted that appropriate steps will be taken so that the trial of the petitioner is taken to a logical end either by getting co-accused arrested or by separating the trial of the petitioner. 5. Considering the aforesaid facts and circumstances and the custody of the petitioner and also the fact that the trial is not progressing on account of the fact that the bail bonds of the co-accused have been cancelled way back on 05.09.2023 and he is yet to be arrested, this Court is inclined to enlarge the petitioner on bail on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the court of learned Special Judge, NDPS at Khunti in connection with Murhu P.S. Case No.09 of 2019, dated 18.02.19, corresponding to N.D.P.S. Case No.06 of 2019, on the following conditions: (i) The petitioner would furnish self-attested copy of his Aadhar card before the learned court along with his mobile number and shall not change his mobile number during the pendency of the case. (ii) One of the bailors should be the wife of the petitioner. (iii) The other bailor should be a government servant. (iv) The petitioner would remain physically present before the learned trial court on each and every date till the conclusion of the trial and on account of even one default the bail bonds furnished by the petitioner shall be cancelled immediately. 6. The instant bail application is allowed with the aforesaid conditions. 7. The learned counsel for the state has already assured this court that appropriate steps will be taken to arrest the co-accused/ separate the trial of the petitioner. 8. The learned counsel for the state is directed to communicate this order to the competent authority for needful and appropriate action. 9. Let a copy of this order be communicated to the court concerned through FAX/E-mail.