RAM NARAYAN SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for both the parties.

(2.) MR . Nilesh Kumar, learned counsel for the petitioner, submits that in this case charge -sheet has already been submitted under different sections of the Indian Penal Code, Arms Act as also Prevention of Terrorism Act, 2002, which was received in the Court below on 2nd April, 2003. Even after submission of charge - sheet, in absence of necessary sanction order, cognizance of the offences had not yet been taken and the case is being adjourned, awaiting sanction order for prosecution under the POTA. The latest order dated 11th June, 2003 of the learned Special Judge, Ranchi, shows that till date no sanction order to prosecute the accused/petitioner under the POTA has been obtained by the prosecution. Again the case has been adjourned, awaiting the sanction order to prosecute the accused/ petitioner under POTA.

(3.) IN view of the fact that without taking cognizance, the remand is itself illegal, the petitioner is ordered to be released on bail on furnishing bail bond of Rs. 10,000/ - (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge -cum -Judicial Commissioner, Ranchi, in connection with Special Case No. 80 of 2002, arising out of Bengabad PS Case No. 111 of 2002. This criminal writ petition, accordingly, stands disposed of.