In a bail application by Chandra Munda, an accused of murder, the High Court rejected the prayer. Despite a jail doctor's report indicating psychosis and depressive mood, the Court held that the specific allegation of inflicting a fatal blow precludes bail, overruling the mental state argument.
Bail prayer rejected. Petitioner remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2903 of 2015
…..
Chandra Munda son of Lohar Munda, resident of village Jairage at present Cahndgo P.O & P.S Chainpur Dist. Gumla
…. Petitioner
Versus
The State of Jharkhand …. Opposite Party
CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Arun Kr., Advocate For the State : Mr. Vikash Kishore, A.P.P.
02/ Dated 7th September, 2015
Heard Mr. Arun Kr., learned counsel for the petitioner and Mr. Vikash Kishore, learned counsel for the State.
The petitioner has been made an accused in connection with Chainpur P.S. Case No. 39 of 2012 registered under Sections 302 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioner that petitioner is of unsound mind and therefore in view of his mental condition the allegation levelled against the petitioner does not hold ground. It has further been submitted that petitioner is in custody since 03.10.2012.
Learned counsel for the State opposes the prayer for bail and submits that it was the petitioner who had given tangi blow on the deceased resulting in his death.
Considering the averemnts made by the petitioner vide order dated 19.6.2015 a report was called for from the jail doctor about the mental condition of the petitioner. The report which has been received suggests that the petitioner is conscious, uncooperative, not intelligent and orientation is disturbed. It has also been indicated therein that petitioner is a psychotic and depressive and sadness of mood is also present. However, after taking medicine the petitioner is better as per the report of the jail doctor.
However, considering the fact that there is specific allegation levelled against the petitioner by giving tangi blow upon the deceased, I am not inclined to grant bail.
Hence, his prayer for bail is hereby rejected.
(Rongon Mukhopadhyay, J.)
Anjali
2 issues framed by the court
Whether bail should be granted to petitioner charged with murder despite medical report suggesting mental condition issues.
Whether the allegation that petitioner inflicted a fatal blow justifies denial of bail.
Chandra Munda
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
