High Court ordered release of two petitioners, Parasnath Mahto and Uday Mahto, charged in a murder case under Section 302 IPC. Bail was granted as the admitted evidence against them was only last seen.
Release of petitioners Parasnath Mahto and Uday Mahto on bail upon furnishing bonds of Rs. 10,000 each with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No.3862 of 2015
With
B.A. No.3870 of 2015
Parasnath Mahto ...… Petitioner (B.A No.3862/15) Uday Mahto ..... Petitioner (B.A No.3870/15) Versus The State of Jharkhand ...… Opposite Party (in both cases)
-------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioners : Mr. Sheo Prasad Mahto, Advocate. For the State : A.P.P. ------
2/09.07.2015 Both these applications arise out of the same case and as such, they are being disposed of by this common order.
Heard learned counsel for the petitioners and learned counsel for
the State.
The petitioners have been made accused in connection with Mandu P.S case No. 100 of 2015 corresponding to G.R No.890 of 2015, for the offence under Sections 302, 34 of the Indian Penal Code.
The case relates to murder of the husband of the informant, whose dead body was found. The petitioners and the other co-accused have been named on the basis of suspicion.
Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and there is only last seen evidence against the petitioners.
Learned counsel for the State though has opposed the prayer for bail, but it is admitted upon going through the case diary, it is admitted that there is only last seen evidence against the petitioners.
In the facts and circumstances of the case, I am inclined to enlarge the petitioners, Parasnath Mahto and Uday Mahto, on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of Smt. Kamla Kumari, learned Judicial Magistrate, 1st class, Hazaribag, or her successor, in connection with Mandu P.S case No. 100 of 2015 corresponding to G.R No.890 of 2015.
( H. C. Mishra, J.)
BS/
2 issues framed by the court
Whether the petitioners charged with murder under Sections 302 and 34 IPC be released on bail given the facts admit only last seen evidence.
Whether the prayer for bail should be allowed considering the petitioners have been falsely implicated based solely on last seen evidence.
2 provisions across 1 enactments
Parasnath Mahto
Uday Mahto
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
