Allowed

Sanjay Pal v. State Of Jharkhand

Jharkhand HC5 Jun 2013B.A./4896/2013

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to the petitioner, Sanjay Pal, in a criminal case involving charges under Sections 341, 323, 307, and 498A IPC. The court acknowledged prior counter-cases but released the petitioner on a bail bond.

What did the court decide?

Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate, Garhwa.

Sanjay Pal Vs State Of Jharkhand — Bail and Remand | Jharkhand HC (2013)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 4896 of 2013

Sanjay Pal

... ... Petitioner

Versus

State of Jharkhand ... ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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------For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : A.P.P.

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02/05.06.2013

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Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

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Learned counsel appearing for the petitioner while referring to page no. 10 of the paper-book has submitted that the petitioner has been made an accused in Garhwa P.S. Case No. 262 of 2012 corresponding to G.R. No. 1497 of 2012 registered under Sections 341, 323, 307 and 498 A / 34 of the Indian Penal Code.

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The learned counsel appearing for the petitioner has submitted that according to the prosecution, on the date of occurrence, that is 19.08.2012, the specific allegation of assault on the informant has been made against the parents of the petitioner. There is no allegation of any assault on the sister of the informant (wife of the petitioner) on 19.08.2012. It is also not disputed that the informant sustained two injuries, both are simple in nature. On these grounds, the learned counsel appearing for the petitioner submits that the offence under Section 307 of the Indian Penal Code is not attracted in the present case and the petitioner is entitled for grant of bail.

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Learned counsel appearing for the State has opposed the prayer for bail. He further submits that there is allegation against the petitioner who is the husband of the sister of the informant that on earlier occasion also, the petitioner has assaulted his wife and therefore, he may not be enlarged on bail.

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It appears that in this case, charge-sheet has been submitted. There was a counter case filed by the father of the petitioner against the informant that he tried to lock the main door of the house of the petitioner and he had assaulted the father of the petitioner also. However, in the said case, the informant has been granted bail. The First Information Report lodged by the father of the petitioner is prior in time whereas the First Information Report lodged by the informant in this case is subsequent to the First Information Report lodged by the father of the petitioner.

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In the facts and circumstances of the case, the petitioner namely, Sanjay Pal 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 Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No. 262 of 2012 corresponding to G.R. No. 1497 of 2012.

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(Shree Chandrashekhar, J.)

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Amit/

Sanjay Pal v. State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Pal v. State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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