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2023 Supreme(Online)(Jhk) 8694

JHARKHAND HIGH COURT
Justices A. B. Singh, J
Jitendra Kumar v. Union of India
Misc. Cr. Application No. 841 of 2019 | Special (N.I.A.) Case No. 02/2018 (RC - 02/2018 / NIA / DLI)



Advocates:
For the Appellants/Petitioners: Mr. Balaji Srinivasan
For the Respondents: Mr. A.K. Das

The prolonged pretrial detention without trial is a key reason for granting bail, emphasizing the right to a timely trial.

Headnote:(A) UAPA, 1967 - Sections 43-D(5) - Bail application - Refusal of bail by the Special Judge upheld by the High Court due to the serious nature of charges - Considering the lengthy incarceration without trial, the court grants bail while enumerating further conditions. (Paras 12, 15, 16)

(B) Judiciary's Duty - Responsibility to ensure timely trial - Acknowledges importance of quick trials in maintaining public trust and ensuring justice. (Paras 13, 14)

Facts of the case:
The appellant's involvement in the conspiracy with PLFI was established through mobile records, while contending his innocence, he sought bail after prolonged custody with no concluding trial date in sight.

Findings of Court:
Despite serious accusations, prolonged custody without trial necessitates releasing the appellant on bail with conditions designed to ensure his presence during proceedings.

Issues: The case revolved around the validity of bail refusal owing to charges of terrorism, evidence of involvement, and rights to a speedy trial.

Ratio Decidendi: Given the substantial duration of detention and likelihood of trial delays, the appellant's release on bail was warranted, balancing the severity of allegations against constitutional protections of liberty.

Result: The appeal for bail is allowed, setting aside previous orders.

Table of Content
1. overview of bail application and basis for arrest. (Para 2 , 3 , 4)
2. arguments regarding awareness and involvement in the alleged conspiracy. (Para 5 , 6 , 7)
3. court's reflections on timely trials. (Para 12 , 14)
4. decision to grant bail under uapa considering prolonged detention. (Para 15 , 16)

1. Heard Mr. Balaji Srinivasan, learned counsel for the appellant and Mr. A.K. Das, learned counsel appearing for the respondent - NIA.

2. This appeal is directed against the order dated 03/07/2020 passed by the learned Judicial Commissioner - cum - Special Judge, NIA at Ranchi in Misc. Cr. Application No. 841 of 2019, corresponding to Special (N.I.A.) Case No. 02/2018 (RC - 02/2018 / NIA / DLI), whereby and whereunder, the prayer for bail of the appellant has been rejected.

3. The prosecution case arises out of a written report of Bindeshwari Das, Officer - in - Charge of Bero P.S. to the effect that a secret information was received on 10/11/2016 that the supremo of PLFI for the purpose of depositing his ill - gotten money of proceeds of crime realized as extortion had sent it through his associates for depositing in the Bank account for converting into white through a Safari vehicle bearing registration no. JH01Y - 2898 to SBI, Bero Branch. After making a station diary entry and on the basis of the directives of the superior authorities the informant along with other Police personnel went to SBI, Bero Branch for verification of the said information. It is alleged that at about 3:15 P.M. the informant and his associates waited in ambush and in the meantime having seen the Police party 3-4 persons attempted to flee away and while one of the persons was apprehended from the campus of the Bank three other persons were apprehended while boarding on the Safari vehicle bearing registration no. JH01Y - 2898. On query the apprehended accused persons disclosed their name as Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar. A search was conducted in presence of independent witnesses and one bag having 16 bundles of currency note of Rs.1,000/- total amounting to Rs.16,00,000/- was recovered from the possession of Binod Kumar and a mobile phone was also recovered from him. It has been alleged that an amount of Rs.38,000/- was recovered from the possession of co - accused Chandra Shekhar Kumar along with deposit slips of various dates and one deposit slip of Rs.16,00,000/- along with two mobile phones. It has also been alleged that total currency of Rs.9,00,000/- was recovered from the possession of co - accused Nand Kishore Mahto and two mobile phones were recovered from Mohan Kumar @ Rajesh Kumar. None of the apprehended accused persons could show any documents with respect to the recovered currency notes and co - accused Binod Kumar had confessed that PLFI Supremo Dinesh Gope had instructed him over mobile to deposit the extorted amount of Rs.25,38,000/- in the name of the Petrol Pump of co - accused Chandra Shekhar Kumar. All the articles were seized in presence of independent witnesses and a seizure list was also prepared.
Based on the aforesaid allegations Bero P.S. Case No. 67/2016 was instituted for the offences punishable u/s 212, 213, 414, 34 of the IPC, S.13, S.17, S.40 of the UA(P) Act, 1967 and S.17(ii) of the CLA Act. On completion of investigation charge - sheet was submitted against Vinod Kumar @ Binod Kumar, Chandra Shekhar Kumar, Nand Kishore Mahto and Mohan Kumar @ Rajesh Kumar for the offences punishable u/s 212, 213, 414 and 34 of the IPC, S.13, S.17 and S.40 of the UA(P) Act, 1967 and S.17 (ii) of the CLA Act.
Consequent to the order of the Government of India, Ministry of Home Affairs vide Order No. 11011/51/2017 - IS, IV dated 16/01/2018, the National Investigation Agency had taken over the investigation of the case and consequently the First Information Report was re - registered as RC - 02/2018 / NIA / DLI. In course of investigation a supplementary charge - sheet was submitted b


























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