In a bail application under Sections 302 and 34 IPC, this court refused bail to petitioners accused of murdering an eye-witness. The court held that the heinous nature of the crime and the victim's status as an eye-witness precluded release on bail.
The prayer for bail was rejected; petitioners are not released on bail.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No.7398 of 2014
CORAM : HON’BLE MR. JUSTICE D. N. UPADHYAY
-----For the Petitioners : Mr. Manohar Jha, Advocate For the State : A.P.P. For the Informant : Mr. Shree Prakash Jha, Advodate
04/02.03.2015: Heard learned counsel for the parties.
The petitioners are accused in a case registered under Sections 302 and 34 of the Indian Penal Code.
There is allegation in the first information report that the petitioners and their associates killed father of the informant by causing injury by means of Tangi, Chhewni and sharp cutting weapon.
It is submitted that allegation against petitioner No.1 is that he was order giver, whereas Petitioner No.2 was catching hold of the deceased and Petitioner No.3 caused injury by means of Chhewni (sharp cutting weapon).
Counsel for the State as well as informant have opposed the petitioners' prayer for bail.
Since there is allegation that the accused persons killed father of the informant, who is eye-witness to the occurrence, I do not feel inclined to release the petitioner, above named, on bail in connection with Boarijore P.S. Case No.10 of 2014, corresponding to G.R. No.363 of 2014.
Accordingly, petitioners' prayer for bail stands rejected.
Sanjay/
2 issues framed by the court
Whether bail should be granted to accused facing murder charges where the deceased was an eye-witness and the prima facie case appears to be heinous.
Whether the specific role of the petitioners as order givers and executioners negates the innocence required for bail in a grave criminal case.
1 provisions across 1 enactments
Shibu Ghatwar
Ashok Ghatwar
Santu Ghatwar
State of Jharkhand
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
