MD Mustakim v. The State Of Jharkhand
Case brief
What is this about?
Single judge of the Jharkhand High Court rejected bail application. Court held that petitioner is named in FIR and specifically identified by victim in statement under Section 164 Cr.P.C., precluding bail despite identity verification gaps currently. Petitioner remains in custody.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7031 of 2015
Md. Mustakim, S/o Md. Nasim, Resident of Village:- Alamnagar Jamadova, P.O. + P.S.:- Jorapokhar, Distt:- Dhanbad, State:- Jharkhand … … Petitioner
Versus
The State of Jharkhand … … Opp. Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Mahesh Tewari, Advocate For the Opp. Party : Mr. Vijay Kumar Gupta, A.P.P.
02/10.09.2015 Heard Mr. Mahesh Tewari, learned counsel for the petitioner and Mr. Vijay Kumar Gupta, learned A.P.P. for the State.
Petitioner has been made accused in connection with Kenduadih P.S. Case No. 24 of 2014 corresponding to G. R. No. 827 of 2014 registered for the offences punishable under Sections 364A, 387/34 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioner that one Mustakim has been named on the basis of statement of one Sahdeo Yadav but it has not been ascertained by the Police that as to whether the said Mustakim was the same as the petitioner. It has further been submitted that on chase by the Police the victim subsequently left the motorcycle and, thereafter, the case was instituted. He further submits that the petitioner is in custody since 22.07.2015.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the petitioner who is an accused in a case involving kidnapping, theft, and robbery.
Whether the discrepancy in the police inquiry regarding the petitioner's identity warrants granting bail.
Whether the petitioner's custody for two months affects his entitlement to bail.
Parties & counsel
- petitioner
Md. Mustakim
- respondent
The State of Jharkhand
Coram
Rongon Mukhopadhyay
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · September
- Registered
- Case no.
- B.A./7031/2015
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