... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihariganj PS Case No. 294 of 2019 dated 01.09.2019 instituted under Sections 25(1-B)(a)/26/35 of the Arms Act.

For the Petitioner/s : Mr. Md. Naushad Uzzoha with Mr. Shafiur Rahman, Advocates For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalganj Excise Case No. 374 of 2019 dated 29.10.2019 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018

3. It is alleged that from the house of the petitioner 6.480 litres of wine was recovered.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate For the State : Mr. Pranav Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 70 of 2019 arising out of Maner PS Case No. 179 of 2019 dated 09.04.2019 instituted under Sections 341/323/354/504/506/379/34 of the Indian Penal Code, 8/12 of The Protection of Children from Sexual Offences Act, 2012 and 54 'D' of the I T Act.

For the Petitioner/s : Mr. Sanjay Kumar No 7, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Nautan PS Case No. 184 of 2019 dated 15.05.2019 instituted under Section 364A of the Indian Penal Code.

3. The allegation against the petitioner is of kidnapping the brother of the informant.

4. Learned counsel for the petitioner submitted that he is not named in the FIR and only on suspicion has been arrested. It was submitted that because the petitioner was apprehended in Nautan PS Case No. 185 of 2019, he has been also made accused in the present case. Learned counsel submitted that there has been no recovery from the petitioner.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Raushanganj PS Case No. 129 of 2019 dated 10.07.2019 instituted under Sections 302/328 of the Indian Penal Code.

... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parijat Saurav, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Imadpur PS Case No. 55 of 2019 dated 06.08.2019 instituted under Sections 341/323/324/325/307/504/506/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added.

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khutauna PS Case No. 116 of 2019 dated 17.11.2019 instituted under Sections 279, 337, 338, 272, 273 and 353 of the Indian Penal Code and 30(a0 of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner and three others is that from the Bolero vehicle he was driving, 405 litres of Nepali countrymade wine was recovered.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kankarbagh PS Case No. 233 of 2019 dated 27.02.2019 instituted under Sections 395/397 of the Indian Penal Code.

Late Navi Hasan @ Navi Hasan Miya

2. Jafrani Khatoon @ Zafrin Khatoon, female, aged about 24 years, W/o Md.

Ezaj Kadri Both resident of Nardiganj Bazar, P.S.- Nardiganj, District- Nawadah ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Prasad Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyanpur PS Case No. 80 of 2019 dated 27.04.2019 instituted under Sections 272 and 273/34 of the Indian Penal Code and 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

... ... Appellant Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.

3. The Principal Secretary, Primary and Secondary Education, New Secretariat, Patna.

4. The Regional Deputy Director, Tirhut Division, Muzaffarpur.

5. The District Magistrate, Sitamarhi.

6. The District Education Officer, Sitamarhi, District- Sitamarhi.

... ... Respondents ====================================================== Appearance :

... ... Appellant Versus The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant : Mr. Shiv Shankar Sharma, Adv.

Mr.Pravin Kumar Sinha, Adv.

Amicus Curiae : Mr. Kanhaiya Prasad Singh, Sr. Adv.

Mr. Ajay Kumar Thakur, Adv.

For the Respondent : Mr. Anjani Kumar, AAG -IV Mr.Sri Shyed Ashfaque Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE VINOD KUMAR SINHA C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA) Date : 20 -04 -2020 Judicial system in India has to face two adage one is justice delayed is justice denied and another is justice hurried is justice buried. However, in spite of above two adage, one thing remains i.e. to provide timely justice, which is an essence of rule of law and appreciating the same, clause 40 of Magna Carta provided "To no one will we sell, to no one deny or delay right or justice." Speedy justice was also mandate and there are Patna High Court CR. APP (SJ) No.1827 of 2017 dt.20-04-2020 2/56 catena of judgments of Hon'ble Apex Court of India, which holds it to be a fundamental right to life guaranteed under Article 21 of Constitution of India.

Khagaria (Gangaur), Dist.- Khagaria

2. Guddu Poddar Son of Arjun Poddar Resident of Village - Jalkaura, P.S.-

Khagaria (Gangaur), Dist.- Khagaria

3. Rajkishore Poddar Son of Gujo Poddar Resident of Village - Jalkaura, P.S.-

Khagaria (Gangaur), Dist.- Khagaria

4. Bhola Poddar Son of Mulo Poddar Resident of Village - Jalkaura, P.S.-

Khagaria (Gangaur), Dist.- Khagaria ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

2. Dr. Amrita Rashmi D/o Dr. Ashok Kumar R/o House No. A1661, Devi Sthan Road, Mahuabagh, ( Near Jagdeo Path), Dhanaut, Sahay Nagar, P.S.- Rupaspur, District Patna.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2. The Principal Secretary, Department of Health, Government of Bihar, Patna.

3. The Under Secretary Department of Health, Government of Bihar, Patna.

4. The Bihar Combined Entrance Competitive Examination Board IAS Association Building, Patna through the Chairman.

5. The Controller of Examinations Bihar Combined Entrance Competitive Examination Board, Patna.

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Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No.16/2020 registered at Police Station Mohgaona, distt. Rajnandgaon, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 6.5 bulk liters of illicit liquor was seized by the police from the present applicants.

3. Learned counsel for the applicants submits that the applicants are in detention since 13.4.2020 He further submits that applicants 2 have no criminal background and have been falsely implicated in the case, and therefore, the applicants may be released on bail.

Shri Sudeep Verma, Dy. Govt. Advocate for the State/respondent. Heard on IA No.01/2020 for suspension of sentence and grant of bail to the applicant.

Learned counsel for the applicant submits that the applicant has been convicted by the trial Court under Sections 456, 354 and 323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-, RI for one year and to pay fine of Rs.500/- and RI for three months and to pay fine of Rs.500/- respectively with default stipulations. Against the order of the trial Court the applicant has preferred an appeal before Additional Sessions Judge, Bemetara. The appellate Court vide its order dated 03.3.2020 dismissed the appeal and affirmed the judgment of the trial Court.

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Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.189/2020 registered at Police Station City Kotwali, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 10 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 17.4.2020 He further submits that applicant has no criminal background and has been falsely implicated in the case, and therefore, the applicant may be released on bail. 2

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Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.32/2020 registered at Police Station Sariya, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 10 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 19.4.2020. He further submits that applicant has been falsely implicated in the case, therefore, he may be released on bail. 2

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Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.38/2020 registered at Police Station Sariya, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 40 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 22.4.2020. He further submits that applicant has been falsely implicated in the case, therefore, he may be released on bail. 2

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Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.85/2020 registered at Police Station Kotra Road, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 12 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 26.4.2020. He further submits that applicant has been falsely implicated in the case, therefore, he may be released on bail. 2

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Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.69/2020 registered at Police Station Kotra Road, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 13 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 17.4.2020. He further submits that applicant has been falsely implicated in the case, therefore, he may be released on bail. 2

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Hon'ble Shri Justice Ram Prasanna Sharma CAV Judgment

1. This appeal is preferred against the judgment dated 24 th of June, 2009 passed by Sessions Judge/Special Judge (SC/ ST Act, 1989), Korea (C.G.), in Special Case No. 02/2006 wherein the said Court has convicted the appellant for charge under Sections 450 and 376(1) of Indian Penal Code, 1860 and sentenced him to undergo R.I. for 3 years with fine of Rs. 500/-, R.I. for 7 years with fine of Rs. 500/- with default stipulations.

2. In the present case, prosecutrix is (PW-1). As per version of the prosecution on 7th of May, 2005 at about 5.00 pm in the evening while the prosecutrix was alone in the house. The appellant/accused entered in the house of the prosecutrix and forcibly committed sexual intercourse with her and thereafter run away. Matter was reported, investigated the appellant was charge-sheeted and convicted as mentioned above. 2

1. The appeal is directed against judgment dated 27.5.2017 passed by Additional Sessions Judge (FTC), Bastar at Jagdalpur/ Special Judge under the Protection of Children From Sexual Offences Act, 2012 (for short 'the Act 2012'), in Special Session Trial No.02/2017 wherein the said Court convicted appellant for commission of offence under Section 376(2)(i) of the Indian Penal Code, 1860 and under Section 4 of the Act 2012 and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine 2 of Rs.1000/- and RI for 07 years and to pay fine of 1000/- respectively with default stipulation.

2. As per the version of the prosecution, the date of incident is 16.01.2017. Prosecutrix is PW-6 who is aged about 04 years. Said prosecutrix complained of pain to her mother on which her mother examined her private parts and found redness and swelling. On enquiry the prosecutrix intimated her mother that the appellant after putting soap inserted his finger in her private part. The matter was reported and investigated. The appellant was charge sheeted and convicted as mentioned above.

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Hon'ble Shri Justice Ram Prasanna Sharma CAV JUDGMENT

1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 21.12.2000 passed by the court of Special Judge, Raigarh (C.G.) in Special Case No. 05/1997, wherein the said court convicted the appellant for commission of offence under Section 3 read with Section 7(1)(a)(i) of the Essential Commodities Act, 1955 (for short "the Act, 1955) and sentenced to undergo R.I. for 2 years and fine of Rs. 5000/- with further default stipulations.

Hon'ble Shri Justice Ram Prasanna Sharma CAV Judgment

1. This appeal is preferred against the judgment dated 26th June, 2001 passed by Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act, 1985") Bastar, Jagdalpur (C.G.), in Special Case No. 55/2000 wherein the said Court convicted appellant for charge under Section 20(B)(2)(b) of N.D.P.S. Act and sentenced him to undergo R.I. for 3 years with fine Rs.5000/- with default stipulation.

2. In the present case, as per version of prosecution on 12 th of October, 2000 at about 11.00 am. Sub inspector Bhupendra Singh Mourya of Police Station Nagarnar, received secret information to the effect that one person having one slight blueish coloured suit case and one green coloured bag, is keeping Ganja on barrier of Dhanpunji. The S.I. Bhupendra Singh recorded the same in the roznamcha sanha and also 2 prepared panchnama(Ex.P.2) and sent the same to the senior officer and after that he took the witnesses and police staff and went to Dhanpunji barrier. Said police officer had given a notice to the appellant as per Section 50 of the N.D.P.S. Act 1985 of his right of being searched by some gazetted offier, any magistrate or by him, on which the accused opted to search by this police officer(Sub Inspector). After search he was found in possession contraband article Ganja, which was seized and matter was investigated, appellant was charge- sheeted and convicted as mentioned above.

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Hon'ble Shri Justice Ram Prasanna Sharma CAV Judgment

1. This appeal is preferred against the judgment dated 25 th of February, 2016 passed by Additional Sessions Judge, Gariyaband (C.G.) in Special Case No.12/2015 wherein the said Court has convicted the appellant for charge under Sections 363, 376 of Indian Penal Code, 1860 and under Section 6 of the POCSO Act, 2012 and sentenced him to undergo R.I. for four years with fine of Rs. 200/-, R.I. for ten years with fine of Rs. 200/-, R.I. for ten years with fine of Rs.200/- with default stipulations.

1. The appeal is directed against judgment dated 15.02.2017 passed by Additional Sessions Judge (FTC), Janjgir, Distt. Janjgir Champa, (CG) in Special Session Trial No.02/2016 wherein the said Court convicted appellant for commission of offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the Act 2012') and under Section 506 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.8000/- and RI for 2 02 years and to pay fine of 2000/- respectively with default stipulation.

2. In the present case prosecutrix is PW-5. As per the version of the prosecution, the prosecutrix is minor and the appellant committed sexual intercourse with her on the promise of marriage and thereafter refused to marry her. Again the appellant threatened the prosecutrix and her parents to kill. The matter was reported, investigated and the appellant was charge sheeted and convicted as mentioned above.

1. This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 31.10.2014 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act 1985'), Raipur (C.G.) in Special Criminal Case No. 240/2014, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(C) of the Act, 1985 and sentenced to undergo R.I. for 10 years and fine of Rs. 1,00,000/- with default stipulations.

2

2. As per case of the prosecution, on 12.01.2014, Police Officer- Shankar Chandrakar, In-charge of Government Railway Police, Raipur received information that two persons carrying contraband article ganja are traveling in train Ahmedabad Express. On the basis of said information, the Police Officer with other staff reached to the spot and recovered ganja to the tune of 38 Kg. from the appellant. After complying with all the legal formalities, the matter was investigated, appellant was charge- sheeted and after completion of trial, the trial court convicted as mentioned above.

1. The appeal is directed against judgment dated 06.4.2010 passed by Sessions Judge Raipur in Session Trial No.161/2008 wherein the said Court convicted appellant for commission of offence under Section 304 Part-II of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 05 years and to pay fine of Rs.1000/- with default stipulation.

2. In the present case, name of the deceased is Kalu @ Tarun Bagh. As per the version of the prosecution, on 11.6.2008 at 2 noon, the appellant and the deceased were drinking liquor in the house of the appellant. During the course of drinking, a dispute arose regarding daughter of the appellant namely Suman. On this dispute, the appellant and other persons assaulted the deceased and the appellant sat on the chest of the deceased and pressed his neck due to which the deceased become unconscious. He was taken to hospital but succumbed to the injuries. The matter was reported, investigated and the appellant was charge sheeted and convicted as mentioned above.

1. The appeal is directed against judgment dated 30.8.2010 passed by Additional Sessions Judge, Bemetara Distt. Durg in Session Trial No.14/2010 wherein the said Court convicted appellant for commission of offence under Section 307 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 05 years and to pay fine of Rs.500/- with default stipulation.

2

2. In the present case, name of the victim is Ramji Yadav. As per the version of the prosecution, on 31.12.2009 at about 9.00 pm when victim Ramji Yadav along with other persons doing the work of decorating the road by writing "Happy New Year" for celebrating new year, the appellant came there and used filthy words and asked what he is writing. Quarrel took place between the appellant and the victim and the appellant hit the victim on his stomach by knife resulting which he fell down. The victim was admitted to Sector 9 Hospital, Bhilai. The matter was reported and the appellant was charge sheeted. After completion of trial, the appellant has been convicted and sentenced as mentioned above.

Hon'ble Shri Justice Ram Prasanna Sharma CAV JUDGMENT

1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 05.02.2015 passed by Special Judge [under Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act, 1985")], Bilaspur (C.G.) in Special NDPS Case No. 126/2014, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of the Act, 1985 and sentenced to undergo R.I. for 5 years and fine of Rs. 15,000/- with further default stipulations for having possession of contraband article ganja to the tune of 10 kg. on 27.03.2014 at 10:50 p.m. at railway platform No. 1 of Railway Station Bilaspur (C.G.)

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Hon'ble Shri Justice Ram Prasanna Sharma CAV JUDGMENT

1. This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 03.01.2017 passed by Additional Session Judge, Bilaspur (C.G.) in Session Trial No. 17/2015, wherein the said court convicted the appellant for commission of offence under Sections 307 & 323 of IPC, 1860 and sentenced to undergo R.I. for 10 years and fine of Rs. 20,000/- & R.I. for 6 months and fine of Rs. 500/- respectively with further default stipulations.

Hon'ble Shri Justice Ram Prasanna Sharma CAV JUDGMENT

1. This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 11.02.2011 passed by Special Judge (NDPS Act), Durg (C.G.) in NDPS Special Case No. 03/2006, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act, 1985") and sentenced to undergo R.I. for 4 years and fine of Rs. 5000/- with further default stipulations for having possession of contraband article ganja to the tune of 8 kg. on 27.01.2006 at 20:30 O'clock at Bus Stand- Dondi Lohara.

For State/respondent : Mrs. Smita Jha, Panel Lawyer.

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Hon'ble Shri Justice Ram Prasanna Sharma CAV JUDGMENT

1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 11.12.2012 passed by Special Judge (Prevention of Corruption Act, 1988) & First Additional Session Judge, Raipur (C.G.) in Special Session Trial No. 01/2007, wherein the said court convicted the appellant for commission of offence under Section 7 & 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act, 1988") and sentenced to undergo R.I. for 1 year and fine of Rs. 5000/- & R.I. for 2 years and fine of Rs. 10,000/- respectively with further default stipulations.

Learned counsel for the petitioner submits that since no notice for arrest as observed by the learned Sessions Judge, Panipat in the order dated 12.04.2020, (Annexure P-1) has been received, he be permitted to withdraw the present petition at this stage with liberty to approach the Court again, in case, needs so arises.

Dismissed as withdrawn with liberty as aforesaid with the clarification that the petitioner will be bound to file notarized affidavit, 1 of 2 ::: Downloaded on - 09-05-2020 20:48:29 ::: CRM-M-12079 of 2020 Vakalatnama and deposit the requisite Court fee within a period of 10 days after the lockdown is over.

Dismissed as withdrawn.

(MANJARI NEHRU KAUL) JUDGE May 08, 2020 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No 1 of 1 ::: Downloaded on - 09-05-2020 20:43:49 :::

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Present: Mr. Naveen Sharma (Bhardwaj), Advocate for the petitioner.

**** Lalit Batra, J.(Oral) Case has been taken up for hearing through Video Conferencing.

Notice of motion.

Mr. Sharad Aggarwal, AAG, Haryana, accepts notice on behalf of respondents No.1 to 5.

At this juncture, learned counsel for the petitioner submits that representation dated 20.04.2020 (Annexure P-5) moved by petitioner is still pending before respondent No.4-Sub Divisional Magistrate, Loharu, District Bhiwani and the said authority may be asked to decide the said representation at the earliest.

Learned State counsel has given concurrence to the above said contention of learned counsel for the petitioner.

The petitioner has already made a representation vide Annexure P-3. The competent authority is directed to decide the representation within a period of one week from today by passing a speaking/detailed order and also by taking into consideration all the pleas raised in the writ petition.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:40:15 :::

The petitioner has already made a representation. The competent authority is directed to decide the representation in accordance with law within a period of one week from today by passing a speaking/detailed order.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:42:29 :::

The petitioner is seeking regular bail in FIR No.219 dated 05.10.2019 under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar, Bahadurgarh, District Jhajjar.

Counsel for the petitioner has argued that the allegation against the petitioner is that 605 grams Charas was recovered from him which he was allegedly carrying in a red colour bag. He submits that the alleged recovery is non-commercial. He further submits that he is in custody since 05.10.2019 and the trial is likely to take sometime to conclude.

1 of 2 ::: Downloaded on - 09-05-2020 20:52:28 ::: CRM-M-52914 of 2019 {2}

Learned counsel for the petitioners inter alia contends that no specific role has been attributed to the petitioners. In fact, it is a case of version and cross version, wherein, both the parties received injuries. Initially, the FIR was registered under Sections 324, 323, 148, 149 IPC and it was after a period of 3½ months from the date of occurrence, an offence under Sections 326 IPC was added.

It has been further submitted that petitioner No.1 - Jarnail Singh, who was alleged to have been armed with Kapa has been attributed a simple injury. Petitioner No.2 - Jaspal Singh @ Jagpal Singh, who was alleged to be armed with a dang, too was attributed a blunt simple injury.

It has been pointed out that allegations against the petitioner are to the effect that he had painted the vehicle and fictitious number plates. It has been arguedby learned counsel for the petitioner that co- accused namely Raja who was arrested from the spot has been granted regular bail and Ajay Kumar co-accused has been granted pre-arrest bail by this Court. The custodial interrogation of the petitioner is over and he has been remanded to judicial custody. Investigation of the case is complete. The offences are triable by Judicial Magistrate First Class.

1 of 2 ::: Downloaded on - 08-05-2020 21:20:13 ::: Challan has already been presented in the Court. Petitioner has been sought to be implicated on the basis of the disclosure statement of the co- accused.

Prayer in the application is for grant of anticipatory bail in FIR bearing No.37 dated 05.03.2020, under Sections 376 and 120-B of Indian Penal Code, 1860 (Section 4 of The Protection of Children from Sexual Offences Act, 2012 and Section 506 IPC were added later on) registered at Police Station Sadar, Jalandhar.

FIR was recorded on the statement of ABC (name withheld). She stated that in the year 2018, she alongwith her female friends had gone to the house of Jassa son of Kashmiri Lal for Lohri, where Jassa clicked group and individual photographs of the complainant and her friends. In February 2018, Reena Rani wife of Rui Das, sister-in-law of Jassa, called the complainant to her house and took photographs of the complainant with Jassa. Reena made Jassa and the complainant sit in a room and bolted the door from outside. When Jassa and complainant were alone in the room, 1 of 3 ::: Downloaded on - 08-05-2020 21:11:25 ::: CRM-M-12084 of 2020 {2} Jassa sexually assaulted the complainant. Somehow the complainant managed to get door opened and went back home. Jassa started harassing, black-mailing and threatened her. Later on, the complainant narrated the entire incident to her mother and submitted a complaint before the police authorities.

The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case in hand. The petitioner, who is the husband of the deceased had been married for almost 15 years and no complaint whatsoever was ever lodged against the petitioner by the complainant prior to the occurrence in hand. It has further been contended that all the material witnesses including the complainant did not support the case of the prosecution and were declared hostile before the trial Court.

The learned State counsel on the other hand has vehemently opposed the grant of concession of regular bail to the petitioner by contending that there are serious and specific allegations against the petitioner, who is none other than the husband of the deceased. He, 1 of 2 ::: Downloaded on - 08-05-2020 21:14:39 ::: CRM-M-44316-2019 [ 2 ] however, has not been able to controvert the submissions made by learned counsel for the petitioner that the complainant and other material witnesses did not support the case of the prosecution during trial and were declared hostile by the trial court.

PRESENT: MS. GURSHARAN K. MANN, ADVOCATE FOR THE PETITIONER.

MR. GAURAV DHURIWALA, SR.DAG, PUNJAB.

MANOJ BAJAJ, J.(ORAL) Kamlesh Verma @ Kiran Mummy has filed this petition for grant of regular bail in case FIR No.56 dated 9.5.2019 under Sections 376- D/120-B IPC, Police Station E-Division, District Amritsar. The petitioner is in custody since her arrest on 18.2.2020. The above FIR in question was initially registered at Police Station Padampur, District Sri Ganganagar as Zero FIR and was later on forwarded to District Amritsar where the above FIR was recorded.

As per the allegations, the victims had voluntarily left their house on 31.7.2018 and reached at Amritsar, where they came in contact with two persons, namely, Gagan and Vicky. They both promised a job for them and took them to the house of Vicky, where they raped the victims repeatedly. Later on, the victims were sent to other persons as well and accused Simmi facilitated the illegal sexual activities at her residence. Gagan used to send one of the victims outside the town as well. One of the 1 of 3 ::: Downloaded on - 08-05-2020 21:07:10 ::: CRM-M-12077-2020 (O&M) -2-

The learned counsel for the petitioners contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioners. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioners innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioners having been falsely implicated in the instant case. It has been thus prayed that the petitioners be granted the concession of regular bail as they have been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioners was found to be blunt in nature.

The learned counsel for the petitioner contends that a perusal of the FIR clearly reveals that no offence under Section 307 IPC is made out against the petitioner. It has been further contended that an inquiry was conducted by the DSP (Major Crime) Moga (Annexure P2) subsequent to the registration of FIR which found the petitioner and his sons innocent as they were not present at the spot at the time of the alleged occurrence which lends credence to the factum of petitioner having been falsely implicated in the instant case. It has been thus prayed that the petitioner be granted the concession of regular bail as he has been behind bars since 01.03.2020 coupled with the fact that the injury allegedly attributed to the petitioner was found to be blunt in nature.

Learned counsel for the petitioner inter alia contends that the story put-forth in the FIR is a fabricated one and he has been falsely implicated in the FIR despite the fact that the electricity connection, which was found tampered was not even in his name, but in the name of one Rajesh. Hence, there was no evidence which could connect the petitioner with the alleged offence under Sections 135, 138 and 150 of the Electricity Act.

It has been further submitted that the petitioner has been behind the bars since 06th February, 2020. He has an ailing mother of 80 years of age and a minor child in his house and there is no body to look after his family in the prevailing conditions on account of the pandemic outbreak.

Counsel for the petitioner has argued that as per the allegations in the FIR, the police party headed by ASI Baldev Raj, who is also the complainant in the case noticed that a motorcycle was coming and on seeing the police party, the driver of the motorcycle became perplexed and the person who was sitting on the pillion rider seat has thrown a black polythene bag on the road and the Heroin spread over the metaled road. Thereafter, the said ASI collected the 1 of 3 ::: Downloaded on - 08-05-2020 21:00:35 ::: CRM-M No.12060 of 2020 (O&M) 2 Heroin and put the same in a polythene bag and on weighing it came to 20 gms. It is further stated in the FIR that the driver of the motorcycle informed his name as Arjun i.e. the petitioner whereas the person who was on the pillion rider told his name as Sandeep @ Zora.

Counsel for the petitioners has argued that as per the allegations in the FIR, the co-accused of the petitioners namely Binder Singh has caused the injury on the head of the complainant and he already stands arrested, however, he has been granted the concession of the regular bail by the trial Court. It is further submitted that both the petitioners are attributed injuries on the non-vital part of the complainant and it will be a debatable issue to be decided during the 1 of 2 ::: Downloaded on - 08-05-2020 20:56:16 ::: CRM-M No.12049 of 2020 (O&M) 2 course of trial, whether Sections 332 and 334 IPC are made out or not.