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2025 DAILYLAW 8100 (JHR)

DAUD ALIAS DAUD HEMBROM BIMAL HEMBROM ALIAS GOVINDA v. THE STATE OF JHARKHAND

Cr.A(DB)/292/2025 · 2025-05-07

Ambuj Nath, Rongon Mukhopadhyay

Civil Appealbody2025

Judgment text

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( 2025:JHHC:13797-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 292 of 2025 Daud @ Daud Hembrom @ Bimal Hembrom @ Govinda, aged about 60 years, son of Sushil Hembrom, resident of village- Damakol, P.O. and P.S.- Sunder Pahadi, District- Godda. ---- --- Appellant Versus The State of Jharkhand --- --- Respondent --- CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Ambuj Nath --- For the Appellant : Mr. Amit Kumar Sinha, Advocate For the Resp.-State : Mrs. Nehala Sharmin, Spl.P.P. --- 03/07.05.2025 Heard Mr. Amit Kumar Sinha, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Spl.P.P. This appeal is directed against the order dated 14.02.2025 passed in M.C.A. No.92 of 2025 arising out of Kathikund P.S. Case No. 55 of 2013 by learned Additional Sessions Judge-V, Dumka, whereby and whereunder, the prayer for grant of bail of the appellant has been rejected. It has been alleged that the convicts had ambushed the police personnel and had fired upon them, which resulted in the death of the then S.P., Pakur. It has been submitted that the appellant is in custody since 04.05.2017. Learned counsel submits that the appellant has been implicated primarily on account of fact that the extremists were calling the name of each other at the time of firing. Learned A.P.P has opposed the prayer for bail of the appellant and has stated that the appellant has been made accused primarily on account of the fact that the extremists were taking the name of each other. Regard being had to the manner of implication of the appellant and the period of custody undergone by him, we while setting aside the order dated 14.02.2025 passed in M.C.A. No.92 of 2025 arising out of Kathikund P.S. Case No. 55 of 2013 by the learned Additional Sessions Judge-V, Dumka, direct that the appellant be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-V, Dumka, in -2- connection with Kathikund P.S. Case No.55 of 2013 corresponding to S.T. No.78 of 2018, 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 and disposed of. (Rongon Mukhopadhyay, J) (Ambuj Nath, J) Jay- Rahul/