Jharilal Mahto vs Union Of India on 10 April, 2026

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    Jharilal Mahto vs Union Of India on 10 April, 2026

                                         IN THE SUPREME COURT OF INDIA
    
                                        CRIMINAL APPELLATE JURISDICTION
    
    
                                    CRIMINAL APPEAL NO.           OF 2026
                                         (@ SLP(Crl.) No. 1979/2026)
    
    
                             JHARILAL MAHTO                    Petitioner(s)
    
    
                                                   VERSUS
    
    
                              UNION OF INDIA                   Respondent(s)
    
    
    
                                                    WITH
    
    
                                    CRIMINAL APPEAL NO.           OF 2026
                                         (@ SLP(Crl.) No. 3199/2026)
    
    
    
    
                                    CRIMINAL APPEAL NO.           OF 2026
                                         (@ SLP(Crl.) No. 4148/2026)
    
    
    
    
                                                   O R D E R
    

    SLP(Crl.) No. 1979/2026 & SLP(Crl.) No. 3199/2026:

    1. Leave granted.

    Signature Not Verified

    SPONSORED

    Digitally signed by
    SWETA BALODI
    Date: 2026.04.11
    12:56:44 IST

    2. The appellants – Jharilal Mahto and Manoj Kumar
    Reason:

    Choudhary have been arraigned as an accused in

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    connection with Special NIA Case No.5/2018, RC

    Case No.19/2018/NIA/DLI arising out of P.S.

    Dumri (Giridih) Case No.26/2018 for the offences

    punishable under Sections 141, 121-A, 124-A,

    120-B of the Indian Penal Code, 1860, Sections

    25(1AA), 25(1B)(a), 26 and 35 of the Arms Act,

    1959, Sections 3 and 4 of the Explosive

    Substances Act, 1908, Section 17 of the Criminal

    Law Amendment Act, 1908 as well as Sections 13,

    16, 17, 18, 19, 20 and 21 of the Unlawful

    Activities (Prevention) Act, 1967.

    3. Admittedly, the appellant – Jharilal Mahto has

    been under incarceration for about 7 years and 9

    months and the appellant – Manoj Kumar Choudhary

    has been under incarceration for nearly 6 years.

    4. We have been informed that the defence witnesses

    are yet to be examined. Needless to state that

    the appellants must cooperate with the conduct

    and completion of the trial, particularly, when

    the prosecution witnesses have already been

    examined.

    5. Accordingly, we are setting aside the impugned

    orders, purely, on the ground of period of

    incarceration undergone by the appellants with a

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    direction to the Trial Court to complete the

    examination of defence witnesses within a period

    of three months.

    6. In such view of the matter, the impugned orders

    stand set aside, and the appellants are granted

    bail, subject to the terms and conditions that

    may be imposed by the concerned Trial Court.

    7. The appeals are allowed, accordingly.

    8. Pending application(s), if any, shall stand

    disposed of.

    SLP(Crl.) No. 4148/2026:

    1. Leave granted.

    2. The appellant – Manoj Kumar Choudhary has been

    arraigned as an accused in connection with

    Special NIA Case No.06/2018, RC Case

    No.21/2018/NIA/DLI arising out of P.S. Dumri

    (Giridih) Case No.06/2018 for the offences

    punishable under Sections 120-B and 386 of the

    Indian Penal Code, 1860, Section 17 of the

    Criminal Law Amendment Act, 1908 as well as

    Sections 13, 17, 18, 20, 39 and 40 of the

    Unlawful Activities (Prevention) Act, 1967.

    3. In view of the order passed in SLP(Crl.) No.

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    1979/2026 and SLP(Crl.) No. 3199/2026, we are

    inclined to set aside the impugned order on the

    same ground of prolonged incarceration undergone

    by the appellant for nearly 6 years with a

    direction to the Trial Court to complete the

    examination of defence witnesses within a period

    of three months.

    4. Accordingly, the impugned order stands set aside

    and the appellant is granted bail, subject to the

    terms and conditions that may be imposed by the

    concerned Trial Court.

    5. The appeal is allowed accordingly.

    6. Pending application(s), if any, shall stand

    disposed of.

    ……………………………………………………………………J.
    [M.M. SUNDRESH]

    ………………………………………………………………………J.
    [PRASANNA B. VARALE]

    NEW DELHI;

    10th APRIL, 2026

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    ITEM NO.7 COURT NO.5 SECTION II-A

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    Petition(s) for Special Leave to Appeal (Crl.)
    No(s). 1979/2026

    [Arising out of impugned final judgment and order
    dated 25-04-2025 in CA(DB) No. 1090/2023 passed
    by the High Court of Jharkhand at Ranchi]

    JHARILAL MAHTO Petitioner(s)

    VERSUS

    UNION OF INDIA Respondent(s)

    WITH
    SLP(Crl) No. 3199/2026 (II-A)

    SLP(Crl) No. 4148/2026 (II-A)
    IA No. 71563/2026 – EXEMPTION FROM FILING C/C OF
    THE IMPUGNED JUDGMENT
    IA No. 71564/2026 – EXEMPTION FROM FILING O.T.
    IA No. 71562/2026 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    Date : 10-04-2026 This petition was called on for
    hearing today.

    CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
    HON’BLE MR. JUSTICE PRASANNA B. VARALE

    For Petitioner(s) Ms. Aakriti Priya, Adv.

    Mr. Balaji Srinivasan, AOR
    Ms. Kanishka Singh, Adv.
    Mr. K. Shiva, Adv.

    Mr. Amit Pawan, AOR
    Mr. Hassan Zubair Waris, Adv.
    Ms. Shivangi Singh Rawat, Adv.
    Mr. Suchit Singh Rawat, Adv.
    Ms. Aastha Shrestha, Adv.

    For Respondent(s) Mr. S.D. Sanjay, A.S.G. (NP)
    Mr. Udit Dedhiya, Adv.

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    Ms. Astha Singh, Adv.

    Mr. Anuj Udupa, Adv.

    Mr. Vatsal Joshi, Adv.

    Mr. Arvind Kumar Sharma, AOR

    Mr. Anujsrinivas Udupa, Adv.
    Mr. Vatsal Joshi, Adv.

    Mr. A.K. Sharma, Adv.

    UPON hearing the counsel the Court made
    the following

    O R D E R

    Leave granted.

    The appeals are allowed in terms of the

    signed order.

    Pending application(s), if any, shall stand

    disposed of.

       (SWETA BALODI)                 (AVGV RAMU)
    ASTT. REGISTRAR-cum-PS         COURT MASTER (NSH)
    

    (Signed order is placed on the file)

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