The Jharkhand High Court granted bail to the petitioner, Mahendra Hansda, accused in a murder case, noting the absence of eyewitness testimony and conditional release on a bond with sureties.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 and two sureties of similar amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.11574 of 2013
Mahendra Hansda
..... Petitioner
Versus
The State of Jharkhand
…. Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Sudhanshu Shekhar Chy. For the State : A. P.P.
5/13.02.2014 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 302/201/120-B/34 of the Indian Penal Code, in connection with Boarijore P.S. Case No.87 of 2011, corresponding to G.R. No.959 of 2011.
The case relates to murder of the son of the informant, whose dead body was found. The co-accused persons have been made accused in the case on the basis of suspicion. Petitioner is not named in the FIR.
It has been submitted by the learned counsel for the petitioner that the named co-accused has been granted bail by order dated 9.7.2013 in B.A. No.3720 of 2013, as it had transpired from the case diary that there is no eyewitness to the occurrence. Learned counsel accordingly, prayed for bail.
In the facts and circumstances of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Mahendra Hansda is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II, Godda, in connection with Boarijore P.S. Case No.87 of 2011, corresponding to G.R. No.959 of 2011, S.T. No.77 of 2012 / 291 of 2013.
(H. C. Mishra, J)
R.Kumar
1 issue framed by the court
Whether the petitioner accused under Sections 302/201/120-B/34 IPC should be released on bail given the lack of eyewitness evidence in the case.
Mahendra Hansda
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
