Sabir Khan, accused of dacoity and punishable under Sections 395 and 412 IPC, sought bail. The Court granted bail admitting that recovered articles put to Test Identification Parade had not been identified.
Release of petitioner Sabir Khan on bail, furnishing a bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1836 of 2015 Sabir Khan ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Rajan Sahay, Advocate For the State : A.P.P. --------
03/ 20.07.2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has been made accused for the offence under Sections 395 and 412 of the Indian Penal Code, in connection with S.T. No. 347 of 2014, arising out of Ramgarh P.S. Case No. 154 of 2014 corresponding to G.R. No. 1587 of 2014.
The case relates to dacoity and the case was instituted against
unknown.
The impugned order shows that there is recovery on the basis of the confessional statement of this petitioner.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case and the recovered articles were put on Test Identification Parade, but the same had not been identified. Learned counsel has accordingly, prayed for bail.
Learned counsel for the State has opposed the prayer for bail, but upon going through the case diary, it is admitted that the recovered articles were put to Test Identification Parade, but the same had not been identified.
In the facts of the case, I am inclined to release the petitioner, Sabir Khan, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Hazaribag, in connection with S.T. No. 347 of 2014, arising out of Ramgarh P.S. Case No. 154 of 2014 corresponding to G.R. No. 1587 of 2014.
Amitesh/-
2 issues framed by the court
Whether the petitioner accused under Sections 395 and 412 IPC should be granted bail.
Whether the non-identification of recovered articles at the Test Identification Parade justifies bail.
Sabir Khan
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
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