Jharkhand High Court Weekly Roundup: March 18 - March 24, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 44-53]Binod Kumar Mishra vs The State of Jharkhand 2024 LiveLaw (Jha) 44 Sachindra Singh @ Sacha @ Sachchi Singh Versus The State of Jharkhand 2024 LiveLaw (Jha) 45 Julekha Khatoon v. The State Of Jharkhand 2024 LiveLaw (Jha) 46Sudhir Narayan vs. the State of Jharkhand 2024 LiveLaw (Jha) 47 Md. Ramjani Vs The State of Jharkhand 2024 LiveLaw (Jha) 48 Suresh Prasad Vs The State of Jharkhan 2024 LiveLaw (Jha) 49 Raghubansh Prasad Singh and Ors vs. The State of Jharkhand 2024 LiveLaw (Jha) 50 Rahul Gandhi vs The State of Jharkhand and Anr 2024 LiveLaw (Jha) 51 Bhavesh Kant Jha vs The State of Jharkhand and Ors 2024 LiveLaw (Jha) 52 Jumed Khan vs The State of Jharkhand and Anr 2024 LiveLaw (Jha) 53 Judgements/Orders This WeekFair Trial Can Be Ensured By Allowing Additional Documentary Evidence Even After Conclusion Of Evidence U/S 311 R/W S.91 CrPC: Jharkhand HCCase Title: Binod Kumar Mishra vs The State of Jharkhand LL Citation: 2024 LiveLaw (Jha) 44In a recent ruling, the Jharkhand High Court while granting permission for the submission of additional documentary evidence in a case pertaining to the dishonour of a cheque ruled that while Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) does not explicitly address the addition of documentary evidence when read in conjunction with Section 91, additional documentary evidence can be submitted to ensure a fair trial and reach a just decision even after the conclusion of evidence.Section 376 IPC | Minor's Consent Not Ground To Absolve Accused: Jharkhand High Court ReiteratesCase Title: Sachindra Singh @ Sacha @ Sachchi Singh Versus The State of Jharkhand LL Citation: 2024 LiveLaw (Jha) 45The Jharkhand High Court while affirming a judgment of conviction passed by the trial Court and sentence under Section 376 of the Indian Penal Code, has observed that despite the victim being a consenting party and engaging in a sexual relationship leading to her pregnancy over several months, the accused cannot be absolved of guilt solely based on her consent as she was a minor.[S.82 CrPC] Before Issuing Proclamation, Court Must Record Satisfaction That Accused Is Absconding To Evade Arrest: Jharkhand High Court ReiteratesCase Title: Julekha Khatoon v. The State Of Jharkhand LL Citation: 2024 LiveLaw (Jha) 46 The Jharkhand High Court has emphasized that when issuing a proclamation under Section 82 of the Criminal Procedure Code (Cr.P.C.), the court must record its satisfaction regarding whether the accused is absconding or concealing themselves to evade arrest.The Jharkhand High Court ruled that the orders issued by the Sub-Divisional Judicial Magistrate (SDJM), which included a non-bailable warrant, a proclamation under Section 82 of Cr.P.C., and an attachment order of the petitioner's property under Section 83 of Cr.P.C., were legally unsustainable.Conditions Imposed While Granting Bail Must Not Be 'Onerous, Unreasonable Or Excessive': Jharkhand High CourtCase Title: Sudhir Narayan vs. the State of Jharkhand LL Citation: 2024 LiveLaw (Jha) 47The Jharkhand High Court has held that the conditions to be imposed while granting bail must not be onerous or unreasonable or excessive. The Court stressed that conditions should aim to ensure the accused's appearance before authorities, unhindered trial proceedings, and community safety.Justice Sanjay Kumar Dwivedi observed, “The conditions to be imposed must not be onerous or unreasonable or excessive. In the context of grant of bail, all such conditions that would facilitate the appearance of the accused before the investigating officer/ Court, unhindered completion of investigation/trial and safety of the community assume relevance. However, inclusion of a condition for payment of money for bail tends to create an impression that bail could be secured by depositing money alleged to have been cheated. That is really not the purpose and intent of the provisions for grant of bail.”Gravity Of Offence No Ground To Deny Bail To Juvenile Unless Exceptional Circumstances U/S12 JJ Act Established: Jharkhand High Court ReiteratesCase Title: Md. Ramjani Vs The State of JharkhandLL Citation: 2024 LiveLaw (Jha) 48In a recent ruling, the Jharkhand High Court emphasized that gravity of offence cannot be the ground to deny the bail application of a juvenile, unless there are exceptional circumstances as provided in the proviso to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.Section 12 prescribes that a child alleged to be in conflict with law shall be released on bail with or without surety or placed under the supervision of a probation officer/ any fit person. The proviso states that the juvenile shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ...

Jharkhand High Court Weekly Roundup: March 18 - March 24, 2024

Bhavya Singh

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