Amit Gope v. State Of Jharkhand
Case brief
What is this about?
Single judge order granting bail to petitioner Amit Gope in a murder case after the sole eyewitness turned hostile, despite three prior rejections.
What did the court decide?
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5721 of 2012
Amit Gope …..Petitioner
Versus The State of Jharkhand ….Opposite Party
Coram: HON’BLE MR. JUSTICE R.R. PRASAD
For the Petitioner : Mr. B.M. Tripathy, Advocate For the State : APP -----
02/07.09.2012 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
Learned counsel appearing for the petitioner submits that this is the fourth occasion when the petitioner has been moving for bail as on three occasions the prayer for bail of this petitioner had been rejected but the petitioner has been renewing his prayer for bail on the ground that the sole eye witness-P.W-1 who had stated that this petitioner had fired shot upon Radhey Munda causing injuries resulting into his death, has turned hostile and that except P.W. 1, no one has claimed to be the eye witnesses and therefore there is hardly any possibility of petitioner being convicted and under these circumstances the petitioner deserves to be admitted on bail.
Regard being had to the facts and circumstances of the case, the petitioner, named above, is directed 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 learned IInd Additional Sessions Judge, Chaibasa, in connection with Jhinkpani P.S. Case No. 20/2010, corresponding to G.R. No. 349 of 2010, S.T. No. 189/2010.
Issues for consideration
1 issue framed by the court
Whether the petitioner is entitled to bail after three prior rejections due to the turn of the sole eyewitness hostile?
Parties & counsel
- petitioner
Amit Gope
- respondent
The State of Jharkhand
Coram
R.R. Prasad
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · September
- Registered
- Case no.
- B.A./5721/2012
Similar cases
Judgements on the same questions, provisions and authorities, from every court