In a bail application under Section 302/34 IPC, this Court enlarged the petitioner on bail, distinguishing his case from that of a co-accused who faced a sword injury, relying on similar treatment in a related bail matter.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of the same amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 547 of 2014
....
Sidam Kumhar
.… Petitioner
Versus
The State of Jharkhand
.... Opposite Party
..... CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : M/s Ajit Kumar For the Opposite Party : A.P.P.
02/01.03.2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner has been made an accused in connection with Sonahatu P.S. Case No. 19 of 2013 corresponding to G. R. No. 1181 of 2013 (S.T. No. 631 of 2013) for the offence under Sections 302/34 of the Indian Penal Code.
According to the petitioner, as per the averments made in the fardbeyan the allegation against the petitioner and another co-accused namely Milu Kumhar is that they were catching hold of the hand of the informant's father namely Abhimanu Kumhar and the assault was made by one Rinku Kumhar by sword. It is submitted that no overt act has been alleged against the present petitioner like that of one Milu Kumhar, who has been enlarged on bail by this Court in B.A. No. 9984 of 2013 vide order dated 10.12.2013. Therefore, the petitioner may be enlarged on bail.
Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that the petitioner was also associated in the assault, which has led to the death of the father of the informant.
Having regard to the aforesaid facts and circumstances of the case and the fact that on similar allegations one Milu Kumhar has been enlarged on bail in B.A. No. 9984 of 2013 earlier by this Court, petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner, Ranchi in connection with Sonahatu P.S. Case No. 19 of 2013 corresponding to G. R. No. 1181 of 2013 (S.T. No. 631 of 2013).
(Aparesh Kumar Singh, J.)
Kamlesh/Amar
1 issue framed by the court
Whether petitioner is eligible for bail considering the allegation of assault and the bail granted to a co-accused in similar facts
Colour shows how this judgement treated each authority
B.A. No. 9984 of 2013Referred¶12
Sidam Kumhar
The State of Jharkhand
Apareesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
