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Ravikumar Gaurishankarbhai ... vs State Of Gujarat on 8 May, 2020

2. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 420, 406, 465, 467, 468, 471 and 120-B of the Indian Penal Code which FIR came to be registered at C.R. No.I-11209016200088 of 2020 with Himmatnagar A -Division Police Station.

3. Learned advocate appearing on behalf of the applicants on instructions submits that the applicants are ready and willing to abide by all the conditions, including the condition with regard to the powers of Investigating Agency to seek remand of the petitioners; subject to the petitioner's right to oppose it.

4. On the other hand, the learned APP appearing for the respondent-State has opposed this application.




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Dashrathsinh Dhakadsinh Sodha vs State Of Gujarat on 8 May, 2020

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 65(e), 65(f) and 64(a) of the Prohibition Act for which FIR came to be registered at Prohibition C.R. No.11205035200180 of 2020 with Nakhtrana Police Station, Kutch-Bhuj.

3. Considering the quantity of contraband involved in the offence, as also the number of antecedents and the age of the accused and considering the nature of accusation against the petitioner and in absence of an apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out.




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Pankaj S/O Shyamchandra ... vs State Of Gujarat on 8 May, 2020

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 302, 307, 324, 504, 506(2) and 114 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act for which FIR came to be registered at C.R. No.I-193 of 2019 with Dindoli Police Station, Dist: Surat.

3. Considering the nature of accusation against the petitioner and in absence of an apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out.

4. Hence, this application is allowed and applicant is ordered to be released on bail in connection with C.R. No.I-193 of 2019 with Dindoli Police Station, Dist: Surat on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;




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Renukakunvar Manjali Kunvar vs State Of Gujarat on 8 May, 2020

2. It is very much clear from the FIR that accused persons demanded a sum of Rs.11,000/- from the deceased on account of birth of a child to the wife of the deceased and upon his reluctance to pay the amount demanded and his willingness to pay Rs.5,000/-, accused insisted for the full payment; they picked up the quarrel with the deceased and one of the accused Renuka Kunvar allegedly thrashed the head of the deceased against the wall resulting into brain hemorrhage to which the deceased eventually succumbed and died after hospitalization of seven days. The material has been collected and the evidence has been recorded and it is pointed out by the learned Public Prosecutor that accused persons have been identified by the auto-rickshaw driver in his statement under Section 161 of the Criminal Procedure Code in whose auto- rickshw the accused persons commuted to the place of the deceased and thus the argument to the contrary that the accused persons remained unidentified in absence of TI parade has no substance.




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Chandanide Chandrikade Pavaiya ... vs State Of Gujarat on 8 May, 2020

THROUGH JAIL for the PETITIONER(s) No. for the RESPONDENT(s) No. MR MITESH AMIN, PUBLIC PROSECUTOR with MR MANAN MEHTA, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA and HONOURABLE MS. JUSTICE GITA GOPI Date : 08/05/2020 IA ORDER (PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)

1. Heard Mr. Mitesh Amin, learned Public Prosecutor assisted by Mr. Manan Mehta, learned APP for the State.

2. The applicant - convict has prayed for temporary bail on the ground of taking appropriate treatment at the private hospital. Considering the reason, we had called for the report from the learned APP. Learned APP had submitted the medical certificate issued by the Medical Officer, Central Jail, which indicates that the applicant was referred to the Orthopaedic Department, Civil Hospital, Ahmedabad lastly on 29.2.2020 and was also thereafter referred to Physiotherapy Rehab medicine on 5.3.2020. The certificate further indicates that the applicant refused admission in the hospital for MRI. The certificate also indicates that sonography Page 1 of 2 Downloaded on : Fri May 08 21:59:11 IST 2020 R/CR.A/148/2019 IA ORDER was conducted on 18.2.2020 and it is indicated that the applicant is regularly being examined and treated by physician and medical surgeon at jail dispensary.




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Suresh Balubhai Solanki vs State Of Gujarat on 8 May, 2020

Criminal Misc. Application No.1 of 2020:

1. Rule. Learned APP Mr. Himanshu K. Patel waives service of Rule on behalf of respondent - State.

2. The present application is filed by the applicant seeking extension of temporary bail for a period of 30 days on the ground of his own nasal surgery. The applicant is granted temporary bail by this Court vide order dated 20.04.2020 for a period of 10 days.

Page 1 of 2

Downloaded on : Fri May 08 21:42:37 IST 2020

R/CR.MA/5981/2020 ORDER

3. Heard learned advocate for the applicant as well as learned APP for the respondent State and perused the application.




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Sanjaybhai Ishwarbhai Kahar vs State Of Gujarat on 8 May, 2020

[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11196027200074 of 2020 registered with Karelibaug Police Station, Vadodara for the offences punishable under Sections 65(A)(E), 98(2) and 81 of the Gujarat Prohibition Act.

[4] Learned advocate for the applicant appearing by video conferencing submits that the present applicant has been falsely implicated in the present offence only on the basis of statement of co- accused and the quantum of liquor is valued at Rs.12,000/- only. He further submits that the nature of allegations are such for which Page 1 of 4 Downloaded on : Fri May 08 23:13:13 IST 2020 R/CR.MA/5228/2020 ORDER custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.




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Joebkhan Nadirkhan Sherkhan ... vs State Of Gujarat on 8 May, 2020

2. Heard learned advocates appearing for the respective parties.

3. The present petition is directed against order of detention dated 30.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act.

4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of two offences under Sections 379(A)(3) and 114 of the Indian Penal Code by Page 1 of 8 Downloaded on : Fri May 08 22:33:28 IST 2020 C/SCA/1836/2020 ORDER itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.




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Piyush @ Degadi Kishanbhai ... vs State Of Gujarat on 8 May, 2020

2. Heard learned advocates appearing for the respective parties.

3. The present petition is directed against order of detention dated 28.1.2020 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(c) of the Act.

4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of two offences Page 1 of 8 Downloaded on : Fri May 08 22:34:26 IST 2020 C/SCA/5912/2020 ORDER under Sections 379(A)(3) of the Indian Penal Code by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.




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Gajendrasinh @ Kanusinh @ Gajiyo ... vs State Of Gujarat on 8 May, 2020

2. Heard learned advocates appearing for the respective parties.

3. The present petition is directed against order of detention dated 11.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under section 2(b) of the Act.

4. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of solitary offence under Sections 66-1B, 65-AE, 98(2) and 116-B of the Prohibition Act by itself cannot bring the case of the detenue Page 1 of 8 Downloaded on : Fri May 08 22:34:07 IST 2020 C/SCA/52/2020 ORDER within the purview of definition under section 2(b) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order.




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Kalaji Nathaji Thakore vs State Of Gujarat on 8 May, 2020

[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11216004200101 of 2020 registered with Dhaboda Police Station, Gandhinagar for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.

[4] Learned advocate for the applicant appearing by video conferencing submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee Page 1 of 4 Downloaded on : Fri May 08 21:24:44 IST 2020 R/CR.MA/6597/2020 ORDER from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.




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Several Indian and Chinese soldiers injured in fresh face-off in Sikkim

Indian and Chinese soldiers were injured during a face-off along the boundary in north Sikkim, sources said.Four Indian soldiers and half a dozen of Chinese troops were injured during the confrontation on Saturday which took place at Naku La sector, ahead of Muguthang, a pass at a height of more than 5,000 metres, the sources added.In total, 150 soldiers were present when the confrontation took place, which was later resolved at the local level.The sources said that temporary and short duration face offs occur as boundaries are not resolved."Incidents of face off article took place. Aggressive behaviour and minor injuries took place from both sides. They were disengaged after dialogue and interaction at local level," they added.Troops resolve such issues mutually as per established protocols.This




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Yenepoya hospital 1st in DK dist to get nod for COVID-19 tests

Mangaluru, May 10 () The Yenepoya medical collegehospital at Deralakatte here has become the first privatehospital in Dakshina Kannada district to get coronavirus(COVID-19) testing approval.The laboratory at the hospital has received the nod fromthe Indian Council of Medical Research (ICMR) to conduct testsfor COVID-19, a release here said.Dakshina Kannada will now have two centres forcoronavirus tests, the first one being the district Wenlockhospital, the designated hospital for Covid-19. ICMR has approved 33 testing centres in the state ofwhich 21 are government hospitals and 12 are privatehospitals. MVGAPRRAVINDRANATH MVGAPRRAVINDRANATH




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COVID-19: Mark Wahlberg's burger chain donating food to frontliners

New York, May 10 () Hollywood star Mark Wahlberg and Del Frisco's Double Eagle Steak House have joined hands to provide food to the city's healthcare workers and first responders.The Boston-based burger chain Wahlburgers - run by Wahlberg brothers, Mark, Donnie and Paul - has been shipping its patties to the steak house in Midtown to be cooked up, and the city's legendary firefighter themed sports bar Bravest have been helping deliver the meals."They wanted to honour the hospital workers and first responders," Gerard Fitzgerald, president of the Uniformed Firefighters Association, told Page Six.The meal deliveries started in Manhattan last week and end in Staten Island on Monday.The 'Jason Bourne' star said it was nice to help champion for someone else and give them the credit they deserve.




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An American striker produced the MMA win of the year by torturing Tony Ferguson, stopping him in the 5th round at UFC 249

Justin Gaethje tormented Tony Ferguson at UFC 249 on Saturday.Fighting in front of a reduced UFC production crew and no fans, Gaethje put together the best MMA win of the year so far.Gaethje relied on in-and-out footwork, leg kicks, and striking so accurate and powerful that he brutalized his opponent's thighs and tore his face apart.Gaethje now only has one opponent he wants to wage war against — lightweight champ Khabib Nurmagomedov. "I'm happy to represent the United States of America against Dagestan … Russia's best."Visit Insider's homepage for more stories.Justin Gaethje tortured Tony Ferguson at UFC 249 on Saturday, bringing an abrupt end to one of the most intimidating runs in mixed martial arts.Ferguson had been on a 12-fight winning streak which created one half of a salivating match-up




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Amid lockdown, MP govt reshuffles 50 IAS officers

Bhopal, May 10 () In a major administrativereshuffle amid the lockdown, the Madhya Pradesh government hastransferred 50 Indian Administrative Service (IAS) officers,including some additional chief secretaries, principalsecretaries and a former chief secretary.This is the first major bureaucratic rejig by theBJP-led state government since Shivraj Singh Chouhan becamechief minister in March this year.As per the order issued on Saturday night, formerchief secretary Gopal Reddy has been posted as chairman of therevenue board at Gwalior, I C P Keshari as vice chairman ofthe Narmada Valley Development Authority, Vinod Kumar asadditional chief secretary (ACS) of the general administrationdepartment and J N Kansotia as ACS of the animal husbandrydepartment, official sources said.Besides, Anupam Rajan




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Cricketers will have to live with dangers of COVID-19: Gambhir

New Delhi, May 10 () Former India opener Gautam Gambhir doesn't see major changes in the way cricket is played in the post COVID-19 scenario besides the ban on using saliva on the ball. The International Cricket Council is considering legalisation of the usage of artificial substances to shine the ball instead of saliva."I don't think a lot of rules and regulations will be changed, you can probably have an alternate for the usage of saliva – apart from that I don't think so many changes will happen," Gambhir told Star Sports. "Players and everyone else need to live with this virus; probably they have to get used to it that there is a virus and that it will be around. Players might end up catching it, and you got to live with it." Though social distancing is possible in cricket to a certain




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FM to meet PSU bank chiefs on Monday; to review credit flow

New Delhi, May 10 () Finance Minister Nirmala Sitharaman will hold a review meeting with CEOs of public sector banks (PSBs) on Monday to discuss various issues, including credit offtake, as part of efforts to prop up the economy hit by the COVID-19 crisis. The meeting, to be held via video-conferencing, will also take stock of interest rate transmission to borrowers by banks and progress on moratorium on loan repayments, sources said. The RBI had on March 27 slashed the benchmark interest rate by a massive 75 basis points and also announced a three-month moratorium to be given by banks to provide relief to borrowers whose income has been hit due to the lockdown. Earlier this month, RBI Governor Shaktikanta Das held a meeting with heads of both public and private sector banks to take stock




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FM Nirmala Sitharaman to meet PSU bank chiefs on May 11 to review credit flow

Finance Minister Nirmala Sitharaman will hold a review meeting with CEOs of public sector banks (PSBs) on Monday to discuss various issues, including credit offtake, as part of efforts to prop up the economy hit by the COVID-19 crisis. The meeting, to be held via video-conferencing, will also take stock of interest rate transmission to borrowers by banks and progress on moratorium on loan repayments, sources said. The RBI had on March 27 slashed the benchmark interest rate by a massive 75 basis points and also announced a three-month moratorium to be given by banks to provide relief to borrowers whose income has been hit due to the lockdown. Earlier this month, RBI Governor Shaktikanta Das held a meeting with heads of both public and private sector banks to take stock of the economic situation




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Uttarkashi reports first COVID-19 positive case

Uttarkashi, May 10 () Uttarkashi on Sunday reported its first COVID-19 case, raising Uttarakhand's coronavirus tally to 68.Uttarkashi district falls in the green zone. The red, orange and green zone classification is based on the number of coronavirus cases, doubling rate of coronavirus cases, and the extent of testing and surveillance The man, who tested positive, hails from Dhanaripatti village in Dunda block and had returned recently from Surat in Gujarat, Chief Medical Officer DP Joshi said.Three persons who came along with him in separate two wheelers from Gujarat have been kept in isolation, he said, adding contact tracing is underway.The 32-year-old man's swab sample was tested at AIIMS, Rishikesh, Joshi said. Corr ALM DVDV




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Lockdown brings change in buying behaviour, more older people hop onto digital tech: Survey

New Delhi, May 10 () The coronavirus lockdown has brought a sea change in the buying behaviour of many Indians, such as purchasing vegetables and other consumables without asking for prices, far from the old habit of asking 'dhaniya' or 'mirchi' free from vendors, according to a survey by Enormous Brands. The web-based survey, conducted between March 30 and April 22, took feedback from 3,737 respondents in cities including Delhi-NCR, Mumbai, Bengaluru, Chennai, Pune and Ahmedabad. It found that there has also been a sharp increase in adoption of digital technology by older people to join the e-commerce bandwagon for ordering items like milk, grocery and home essentials and paying through wallets and UPI. The study also found that COVID–19 has helped in forming an opinion for pushing the




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NGOs for disabled facing severe financial crunch as funds get diverted for tackling COVID-19

By Uzmi Athar New Delhi, May 10 () Several NGOs working in the disability sector are facing severe financial crunch as most of the funds and donations they would earlier get has been diverted towards tackling the COVID-19 crisis.Prashant Verma, general secretary, National Association for the Blind, says he could just pay 65 per cent salary to his employees in the last two months due to financial crunch and if no fresh donations are made he does not have any money to pay his 120 staff members this month."We feel as if we are at the end of the line," he told .Verma said his organisation used to get grants from many companies under Corporate Social Responsibility (CSR) and even from individuals, especially during March as it was the end of the financial year."But this year we didn't get any money.




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Lockdown: Air India flight brings home 239 Indians from UK

Mumbai, May 10 () An Air India flight landed here from London at 1.30 am on Sunday carrying 239 Indians from the UK who were stranded there due to suspension of commercial passenger air services and the subsequent lockdown, an official statement said. In addition to this, two more repatriation flights -- one each from Singapore and Manila ( Philippines) -- are expected to arrive in Mumbai on Sunday, it said. While the flight from Singapore (AI 343) will be carrying 243 passengers, the Manila-Mumbai flight (AI 387) would bring back 241 Indian nationals from the South East Asian country, as per the statement. "1st flight 2 #Mumbai landed- crew interaction less with the passengers. Protective kit was given 2 all-along with snack n meal kept on the seat beforehand. Next #quarantine. Watch




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75 pc COVID-19 cases in Delhi are asymptomatic or with mild symptoms: Kejriwal

New Delhi, May 10 () Delhi Chief Minister Arvind Kejriwal on Sunday said 75 per cent of COVID-19 cases in the city are asymptomatic or with mild symptoms.The chief minister said the government has also issued an order for requisition of ambulances of private hospitals, adding that the decision has been taken in the wake of shortage of state-run ambulances."They (private ambulances) will have to be pressed into service when the government requires their service," Kejriwal said while addressing an online media briefing.The government has made arrangements for treatment of those at their homes with mild COVID-19 symptoms in accordance with the Centre's guidelines."Out of 6,923 COVID-19 patients, only 1,476 are admitted at hospitals, rest getting treatment at their homes and COVID-19 centres,"




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Hilal Ahmad Wagay vs State Of J And K And Anr (Home ... on 18 March, 2020

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:42 I attest to the accuracy and integrity of this document




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Abdul Ahad Dar vs State Of J And K And Anr (Home ... on 18 March, 2020

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document




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Suhail Andleeb Wani vs Union Territory Of J&K And Others on 18 March, 2020

List again on 17.04.2020.

(Sanjeev Kumar) Judge JAMMU 18.03.2020 Shivalee SHIVALEE KHAJURIA 2020.03.18 16:52 I attest to the accuracy and integrity of this document




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Showkat Hussain Zargar vs Union Territory Of Jk And Ors on 18 March, 2020

Dasti notice is also permitted.

List on 23.03.2020.

(Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document




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Muzaffar Ahmad Wani And Others vs Union Territory Of J&K And Others on 18 March, 2020

List again on 11.05.2020.

Meanwhile, subject to objections from the other side and till next date before the Bench, respondent No. 5 shall indicate to the petitioner the bid which has been received by respondent No. 5 in respect to the e- auction Notice No. DGM/DMO/Spn/310-18 dated 07.02.2020. It is further provided that in case the petitioner has been found to be eligible in all respects and has given the bid higher then respondent No. 4, in that event, respondents shall not proceed further in the matter.

(Sanjeev Kumar) Judge JAMMU 18.03.2020 SHIVALEE KHAJURIA 2020.03.18 16:52 Shivalee I attest to the accuracy and integrity of this document




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Zakir Ahmad Peer And Anr vs Qazi Sarwar Ahmad And Anr on 18 March, 2020

List on 01.06.2020.

(Ali Mohammad Magrey) Judge Srinagar 18.03.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.03.18 18:30 I attest to the accuracy and integrity of this document




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Qazi Mohammad Yaseen vs State Of Jk And Ors on 18 March, 2020

By virtue of order dated 29th January, 2020, it was made clear that if the matter was not argued on next date of hearing the interim directions issued would stand vacated.

Today yet again Mr. Haqani is not present and a request is made for adjournment.

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

--2--

Request as made is rejected. The interim direction in all the three cases i.e. SWP No.2002/20132, SWP No.844/2012 and SWP No.2151/2011 are vacated.

List again on 27th May, 2020.

(Dhiraj Singh Thakur) Judge Srinagar:




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Ghulam Hassan Tantray And Anr vs Union Territory Of Jk And Ors on 18 March, 2020

" It is therefore, humbly prayed that a direction may kindly be given to the In Charge Sub District Jail, Kupwara to release the petitioners on bail after perusal of the report certified copy of which is placed on record and C. D file is called and the objections are called from the concerned prosecution agency and the arguments of both sides are heard in this behalf and till the instant bail application is finally decided the petitioners are making out a prima facie case for their release on interim bail and the accused may kindly be granted interim bail till the petition is finally decided as the same has been rules by the Hon'ble Supreme Court and the same prayer is made before this Hon'ble Court."




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Nazir Ahmad Malik vs Union Territory Of Jk And Ors on 18 March, 2020

Learned counsel for the petitioner submits that despite the fact that the petitioner approached initially the Chief Judicial Magistrate, Srinagar, for registration of case against the respondent No. 6, by filing application/complaint under Section 156(3) Cr. PC, but even on the directions of the concerned Magistrate, the Crime Branch has not acted upon the directions. It is further submitted that the petitioner approached the respondent Director School Education, and brought into his notice the fraudulent approach adopted by the respondent No. 6 in fabricating the documents for excluding the role of petitioner as Chairman of the Holy Mission School, Narbal, Budgam, but no action is taken. It is submitted that on failure of the official respondents to take action in tune with the statutory provisions, the petitioner has no option but to approach this Court for seeking the relief as prayed for.




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Jameela Bano vs Union Territory Of Jk And Ors on 18 March, 2020

"6. Having said so, it would be open to the authorities concerned to consider the representation, if any, that is pending before them. However, no mandamus can be issued by this Court for enforcement of the clauses contained in the Transfer Policy for the purpose of enforcement.

02. In the present petition, the petitioner has impugned the order bearing endorsement No. GMS/B/20-1198 dated 12.03.2020, whereby, petitioner has, again, been transferred with immediate effect.

03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period.




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Rubina Siddiq vs Union Territory Of Jk And Ors on 18 March, 2020

"a). A writ of mandamus commanding upon the respondents more particularly respondent No. 1, to consider and decide the application of petitioner forwarded by respondent No. 2 Director School Education, Kashmir, vide communication No. DSEK/Estt- III/B-Trs/06/2019/Kup/5092 dated 27.08.2019.

b) A writ of mandamus, commanding the respondents to consider the case of the petitioner for inter-District transfer in light of the policy in vogue and also in light of the Medical Board recommendations."

03. Since transfer is an exigency of service and it is the prerogative of the employer to see at what place the service of an employee can be utilized properly in the larger public interest. An employee holding transferable post has no right to insist that he should be allowed to serve at a particular place for a particular period.




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Ashiq Hussain Dar & Ors vs Union Territory Of Jk & Ors on 19 March, 2020

SWP No. 2648/2018;

CCP(S) No. 402/2019 regarding correct allotment of the GP Fund Computer Code numbers is pending before the respondents and has not been concluded, therefore, the respondents could not have proceeded to withhold the salary of the petitioners since the month of December, 2017, that too, without issuing any formal order to the petitioners. It is contended that the petitioners are continuing to discharge their duties uninterruptedly at their respective places of posting, however, their salary is not being released without there being any rhyme or reason. The petitioners claim that despite they having approached the respondents repeatedly, their salary was not released constraining them to approach this Court through the medium of writ petition bearing SWP No.2648/2018, wherein they prayed for the grant of following relief(s) in their favour:




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Reserved On 06.03.202 vs State Of J&K And Ors on 19 March, 2020

Hon'ble Mr. Justice Ali Mohammad Magrey.

Whether approved for reporting: YES/No Judgment

1. Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 141/DMB/PSA/2019 dated 30.03.2019, purporting to have been passed by District Magistrate Baramulla, whereunder detenu namely Firdous Ahmad Wani s/o Late Ghulam Mohammad Wani R/o Mohalla Bazar Seri Warpora, Pattan District Baramulla, is under detention.

2. Grounds pleaded in support of prayer are that after having been quashed the earlier detention order no. 66/DMB/PSA/2018 dated 20th August 2018, the detenu was again detained in terms of the detention order impugned in this petition on the so called "dossier" placed before respondent no.2, on the same and similar grounds. It is submitted that his further detention was necessary to prevent him from indulging in activities prejudicial to the maintenance of the security of the State and national law, accordingly while in police custody he was ordered to be detained in preventive custody vide impugned detention order passed by District Magistrate, Baramulla. The earlier detention order was challenged in H.C. Petition No. 239/2018 which was allowed vide judgment dated 11th Dec. 2018, but instead of releasing him from custody, the detaining authority again passed the detention order impugned in the instant petition. During arguments the learned counsel has further elucidated the contents of petition with reference to annexures placed on record, and contended that neither the detention in question was legal nor were grounds HCP no155/2019 1|Page 2 thereof duly communicated to the detenu even though quite vague and unfounded.




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Mian Abdul Qayoom vs Union Territory Of Jk And Others on 20 March, 2020

Permission is granted and the objections as also the report submitted by Mr T. M. Shamsi, ASGI, is taken on record.

Perusal of the communication supra reveals that the detenue, on reference to Medical Superintendent of AIIMS Hospital on 3rd March, 2020, for medical examination, has been informed about constitution of Medical Board in terms of letter No. M.22- 9/Medical Board/ 2020-ESTT (H) dated 13.03.2020. The Medical Superintendent has, however, reported that at present the general condition and vitals of the inmate are stable and satisfactory. The communication further reveals that the detenue will be sent to the Medical Board as and when called by it.

Let Mr B. A. Dar, learned Sr. AAG, keep the detention records available on the next date of hearing.




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Reserved On March 19Th 202 vs State Of J&K And Ors on 20 March, 2020

Hon'ble Mr. Justice Ali Mohammad Magrey.

Whether approved for reporting: YES/No Judgment Through the instant petition, petitioner father of detenu seeks quashment of detention order bearing no. DMS/PSA/81/2019 dated 16.08.2019, passed by District Magistrate Srinagar, whereby the detenu namely Tufail Ahmad Zaldar S/o Mohammad Shafi Zaldar R/o Ranger Stop Zaldar Mohalla, Saidakadal, Srinagar, is under detention.

2. In the dossier it is alleged that the detenu is involved in anti- national activities, disturbing the public tranquility and peace in the area of Saidakadal and its adjacent areas. It is submitted that the detenu was found indulging in disturvbing the maintenance of public order by way of resorting to stone pelting. It is submitted that the detenu is a constant threat to the security of the State. It is submitted that the detenu was arrested in cases FIR no. 70/2019 u/s 307, 147 RPC and FIR 47/2019 u/s 147, 148, 336 RPC registered at Police Station Nigeen. Therefore, on these allegations he was slapped under Public Safety Act, 1978.




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Badri Sah @ Badri Saw @ Badri Nayak vs The State Of Jharkhand on 6 May, 2020

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For the Appellants : Mr. Vijay Kumar Roy, Advocate. For the State : Mr. Praveen Kumar Appu, A.P.P.

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04/Dated: 06/05/2020 Heard, learned counsel for the appellants Mr. Vijay Kumar Roy and learned counsel for the State Mr. Praveen Kumar Appu, Additional Public Prosecutor.

At the very outset, learned counsel for the appellants has submitted that he may be permitted to make necessary correction in application regarding the provision of law.

Permission is granted.

Learned counsel for the appellants is directed to make necessary correction within 30 days after the lock down period is over as the country is passing through pandemic disease (COVID-




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Seth Choubey @ Ravi Shankar ... vs The State Of Jharkhand on 6 May, 2020

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For the Appellant : Mr. Manoj Kumar Choubey, Advocate.

For the State : Mr. Rakesh Ranjan, A.P.P. --------- 04/Dated: 06/05/2020

The appeal has been filed under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per Act, prayer for bail of the accused is to be considered under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in appeal under Section 14A of the Act.

From perusal of record, it appears that earlier this appellant has moved before this Court in Cr. Appeal (S.J.) No. 917 of 2019, which was dismissed as withdrawn by Coordinate Bench of this Court (Anubha Rawat Choudhary, J.) on 16.10.2019. Subsequently, the appellant has preferred the present appeal, which is instituted as Cr. Appeal (S.J.) No. 147 of 2020 on the ground that the appellant is in custody since his surrender on 20.06.2019 and co-accused has been enlarged on bail by the police during investigation of the case.




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Bina Devi vs The State Of Jharkhand on 6 May, 2020

2. Kanthi Choudhary ...Opp. Parties CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Vijay Kumar Roy, Advocate For the State :- Mr. Pankaj Kumar, A.P.P.

06/06.05.2020 The present revision petition is taken up through Audio/Video conferencing.

Heard learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no.1).

Admit.

Issue notice to the opposite party no. 2.




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Upendra Kumar Singh vs The State Of Jharkhand on 6 May, 2020

2. Chitranjan Kumar Singh ...Opp. Parties CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Manish Kumar, Advocate For the State :- Mrs. Laxmi Murmu, A.P.P.

06/06.05.2020 The present revision petition is taken up through Audio/Video conferencing.

Heard learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no.1).

Admit.

Issue notice to the opposite party no. 2.




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Assay Ceramics & Chemicals Pvt. ... vs The State Of Jharkhand Through The ... on 6 May, 2020

2. Learned counsel for the petitioner undertakes to file the court fee as soon as the judicial work in the High Court gets normal after end of the lockdown prevailing due to Corona (Covid-19) pandemic.

3. The present writ petition has been preferred by the petitioner for quashing and setting aside the notice dated 17.04.2020 issued by the District Certificate Officer, Seraikella-Kharsawan (the respondent no.5) whereby the Director of the petitioner-company has been directed to show cause as to why he should not be committed to civil prison for not depositing the certificate amount. Further prayer has been made for quashing and setting aside the letter as contained in memo no. 667 dated 16.04.2020 issued by the Deputy Commissioner, Seraikella-Kharsawan (the respondent no. 3) directing the respondent no. 5 to immediately issue warrant of arrest against the Director of the petitioner-company and to take steps for attachment of its property. The petitioner has also prayed for setting aside the final order if any passed under Section 10 of the Bihar & Orissa Public Demand Recovery Act, 1914 (in short "the Act, 1914") and to restrain the respondent authorities from taking any precipitate action against the petitioner including suspension of its agreement for milling of rice. Learned counsel for the petitioner, in course of argument has also prayed for an interim protection from any action to be taken by the respondent authorities pursuant to the impugned notice dated 17.04.2020.




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Umesh Choudhary vs The State Of Jharkhand on 7 May, 2020

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For the Petitioner : Mr. Suraj Singh, Advocate For the State : Mr. Hardeo Prasad Singh, A.P.P.

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02/07.05.2020. The bail application of Umesh Choudhary has been moved by Mr. Suraj Singh, learned counsel for the petitioner and opposed by Mr. Hardeo Prasad Singh, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

Mr. Suraj Singh, learned counsel for the petitioner submits that he will remove the defects when the physical appearance in the High Court will start.




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Lalu Kumar Rana @ Lalu Rana vs The State Of Jharkhand on 7 May, 2020

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For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Mr. Ravi Prakash, A.P.P.

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02/07.05.2020. The bail application of Lalu Kumar Rana @ Lalu Rana has been moved by Mr. Rahul Ranjan, learned counsel for the petitioner and opposed by Mr. Ravi Prakash, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

In view of the allegations, let the case diary and antecedent report of the petitioner be called for from the court concerned.




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Jatin Kumar Manjhi @ Jatin Manjhi vs The State Of Jharkhand on 7 May, 2020

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For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Arun Kumar Pandey, A.P.P.

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02/07.05.2020. The bail application of Jatin Kumar Manjhi @ Jatin Manjhi has been moved by Mr. Rohan Mazumdar, learned counsel for the petitioner and opposed by Mr. Arun Kumar Pandey, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.




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Renu Devi & Ors vs The State Of Jharkhand on 7 May, 2020

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For the Petitioners : Ms. Shamma Parveen, Advocate For the State : Ms. Lily Sahay, A.P.P.

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th 02/Dated: 07 May, 2020

1. The petitioners have been made accused for the offence registered under Sections 370/ 366A of the Indian Penal Code.

2. Learned counsel for the petitioners is present.

3. Learned A.P.P., submits that case diary is required to assist this Court in the matter, hence prays for time to procure the case diary.

4. Heard. On prayer of learned A.P.P, office to list this case on 08.06.2020.




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Deepak Mahto vs The State Of Jharkhand on 7 May, 2020

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For the Petitioners : Mr. Birju Thakur, Advocate For the State : Mr. P. K. Jaiswal, A.P.P.

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02/Dated: 07th May, 2020

1. The petitioners have been made accused for the offence registered under Sections 323, 354(A), 354(B), 376, 511 and 34 of the Indian Penal Code.

2. Having heard learned counsel for the petitioners and learned A.PP and on perusal of the deposition of the victim, i.e., P.W. - 1, at Annexure - 2, it appears that during the trial, the victim has deposed that accused Bajrang along with three other accused had caught hold of her and she has identified Bajranj but has not identified the petitioners. In cross- examination she has categorically stated that the petitioners were not present at the time of occurrence.




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Arvind Nayak @ Arbind Nayak vs The State Of Jharkhand on 7 May, 2020

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For the Appellant : Mr. Gaurav, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

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th 05/Dated: 07 May, 2020

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the petitioner, during the pendency of the appeal.

2. The petitioner/ appellant has been convicted for the offence under Sections 25(1-A)/35, 26(2)/35 of the Arms Act and Section 17(2) of Criminal Law Amendment Act by the court of learned Additional Sessions Judge - I, Simdega, in Sessions Trial No.131 of 2017.