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2025 DAILYLAW 33161 (JHR)

DHARMENDRA KUMAR PANDEY ALIAS DHARMENDRA KR. PANDEY ALIAS BABLU PANDEY ALIAS DHARMENDRA PANDEY v. STATE OF JHARKHAND

Cr.A(DB)/1288/2025 · 2025-11-04

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

Civil Appealbody2025

Judgment text

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Neutral Citation (2025:JHHC:33092-DB) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 1288 of 2025 Dharmendra Kumar Pandey @ Dharmendra Kr. Pandey @ Bablu Pandey @ Dharmendra Pandey, S/o Sarju Pandey, R/o Vill- Aamar, P.O.- Manjhiaon, P.S.- Manjhiaon, Dist.- Garhwa. --- --- Appellant Versus State of Jharkhand --- --- Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA --- For the Appellant : Mr. B.M. Tripathi, Sr. Adv. For the State : A.P.P. --- I.A. No. 14235 of 2025. 02/04.11.2025 Heard Mr. B.M. Tripathi, learned senior counsel for the appellant and A.P.P. This application has been preferred by the appellant for condoning a delay of 15 days in filing the appeal. Having been satisfied with the reasons assigned in the instant application, the same is allowed and the delay of 15 days in filling the appeal is hereby condoned. I.A. No. 14235 of 2025 stands disposed of. Cr. Appeal (DB) No. 1288 of 2025. This appeal is directed against the order dated 28.02.2025 passed by the learned Additional Sessions Judge-III, Palamau at Daltonganj in M.C.A. No. 531/2025 corresponding to S.T. Case No. 419/2022 arising out of Sadar P.S. Case No. 241/2008, whereby and whereunder, the prayer for bail of the appellant has been rejected. This is a case of misuse of the privilege of bail. The appellant was earlier granted bail by this Court and subsequently, the appellant after appearing for three years, had absconded and on 09.08.2017, his bail bond was Neutral Citation (2025:JHHC:33092-DB) 2 cancelled. The appellant had subsequently surrendered after 08 years on 19.02.2025 and since then, he is in custody. On consideration of the period of custody undergone by the appellant, we while setting aside the order dated 28.02.2025 passed by the learned Additional Sessions Judge- III, Palamau at Daltonganj in M.C.A. No. 531/2025 corresponding to S.T. Case No. 419/2022 arising out of Sadar P.S. Case No. 241/2008 direct that the appellant 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 Additional Sessions Judge-III, Palamau at Daltonganj in connection with Sadar P.S. Case No. 241/2008, subject to the condition that the appellant shall remain physically present before the learned trial court on each and every date till the conclusion of the trial. This appeal is allowed. This appeal is allowed. (Rongon Mukhopadhyay, J.) (Pradeep Kumar Srivastava, J.) Dated- 04th November, 2025. Preet/-