Jharkhand HC Allows Ex-CM Hemant Soren To Attend Uncle's Last Rites In Police Custody, Rejects Interim Bail Plea

Today, the Jharkhand High Court rejected the interim bail plea of former Chief Minister Hemant Soren, who is currently in jail. However, the High Court has granted him permission to participate in the last rites ceremonies of his late uncle, Raja Ram Soren.

In his application, Soren prayed for grant of provisional bail in connection with an ECIR Case registered under Section 3 of the Prevention of Money Laundering Act, 2002 on account of the demise of his uncle whose last rites will take place at village Nemra, Gola, District Ramgarh.

The late Raja Ram Soren, s/o late Sobran Soren, passed away in the last week of April 2024 at 02:30 hours at Hill View Hospital and Research Centre at Ranchi.

Justice Rongon Mukhopadhyay, presiding over the case, observed, “While considering the pronouncements referred to above and the stringent conditions of Section 45 of the Prevention of Money Laundering Act, there has to be an exceptional circumstance for consideration of the grant of provisional bail. As it has been noted above, the last rites of the uncle of the petitioner is to be performed on 06.05.2024 and no statement has been made in the petition that there are no other male members in the family to perform the customary obligations as well as the last rites of the uncle of the petitioner. No exceptional circumstance has been highlighted to accede to the prayer of the petitioner made in this application.”

“On such consideration therefore, I am not inclined to grant provisional bail to the petitioner as prayed for and consequently this application stands dismissed,” Justice Mukhopadhyay added.

Referring to the case of Athar Pervez Vs. State [in Crl. Reference Case No. 1 of 2015], the Court observed that it has been mandated that only when there are compelling reasons which would justify and require the grant of interim bail, should the application be allowed.

“It has also been mentioned therein that while examining the grant of interim bail, the court has to consider whether sending the accused/convict in police custody would be suffice and meet the ends of justice, keeping in view the nature of the offence to which the accused is charged and the past conduct of the accused,” the Court added.

However, the Court at the same time taking a cue from the observation made in the case of “Athar Pervez Vs. State” (supra), permitted Soren to attend the last rites of his uncle scheduled to be held on 06.05.2024 under police custody, “subject to the condition that the petitioner shall not indulge himself in any public speeches and shall have no interaction with any media personnel or any witness of this case.”

The Court has mandated that the administration ensures strict compliance with these conditions, alongside maintaining law and order at the specified venue.

Earlier today, a plea filed by Soren challenging his arrest by the ED was also dismissed by a Division Bench of the High Court.

Case Title: Hemant Soren v. Directorate of Enforcement

LL Citation: 2024 LiveLaw (Jha) 67

Appearance: 

For the Petitioner : M/s. Jitendra S. Singh, Deepankar, Piyush Chitresh & Shray Mishra, Advocate

For the Opposite Party : M/s. Zohib Hussain, Amit Kumar Das, Saurav Kumar & Rishabh Dubey, Advocate

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