PRABIR KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Praveen Shankar Dayal, learned counsel appearing for the petitioner and Mr. Rajesh Kumar Mishra, learned A.P.P. for the State.

(2.) This application is directed against the order dated 02.05.2017 passed by the learned Judicial Magistrate, 1st Class, Jamshedpur in Parsudih (Sundernagar) P.S. Case No. 128 of 2015 whereby and whereunder the application preferred by the petitioner under Section 437(6) of the Cr.P.C. has been rejected.

(3.) It has been stated by the learned counsel for the petitioner that no appropriate reasons have been given by the learned Magistrate while rejecting the application preferred by the petitioner under Section 437(6) of the Cr.P.C. Learned counsel submits that vague reasons cannot lead to the rejection of such application and the reasons have to be weighty and since the impugned order dated 02.05.2017 does not contain appropriate reasoning the same deserves to be quashed and set aside. Learned counsel has also stated that a series of cases were instituted against the petitioner and in one of the cases in which an application under Section 437(6) of the Cr.P.C. was rejected the petitioner had moved this Court in Cr.M.P. No. 1306 of 2017 in which vide order dated 03.07.2017 the said order was set aside and the petitioner was directed to be released on bail. Learned counsel submits that the present case is virtually a replica of the impugned order as contained in Cr.M.P. No. 1306 of 2017.