The High Court allowed a bail petition filed by Jayanto Parmanik. The judge noted injuries found on the petitioner during arrest and doubts about the voluntariness of his confession and seizure process, directing his release on bail.
Bail granted with a bond of Rs. 10,000 and two sureties of the same amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI. B.A.No. 4602 of 2014
Jayanto Parmanik
Petitioner.
Versus State of Jharkhand Opp.party . ------ CORAM THE HON'BLE MR. JUSTICE PRASHANT KUMAR -----
For the Petitioner : M/s Indrajit Sinha and Suchita Pandey For the State : Mr. S.S.Choudhary, Addl.P.P
05/08.09.2014. Bail petition filed by Jayanto Parmanik , is moved by Mr. Indrajit Sinhg, learned counsel for the petitioner and opposed by Mr. S.S.Choudhary, Addl.P.P. for the State.
Petitioner is not named in the First Information Report. It appears that he was arrested on suspicion and during police custody, he confessed his guilt. It is alleged that on his confession, blood stained brick and some medicines recovered. However, from perusal of Annexure-4, I find that petitioner was remanded in jail custody on 11.04.2014 with bruises and ecchymosis on posterior part of his thigh and buttock. According to the Jail Doctor, said injuries are 48-78 hours old. It is relevant to mention that petitioner was interrogated by the police on 09.04.2014. Under the said circumstance, prima facie, it appears that the confession of petitioner is not voluntary. It then appears that in the seizure list, signature of the petitioner has not been taken by the I.O., which also cast a doubt as to whether said articles were seized on being pointed out by this petitioner or not.
Considering the aforesaid fact and circumstance, I allow this application and direct the court below to enlarge the petitioner, named above, on bail, on his furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Dhanbad in connection with Dhanbad P.S. case no. 370/2014 , corresponding to G.R.No. 1486/2014.
( Prashant Kumar,J.)
Raman/
1 issue framed by the court
Whether the petitioner is entitled to bail given his injury and coerced confession.
1 provisions across 1 enactments
Jayanto Parmanik
State of Jharkhand
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
