In a bail application in a dacoity case, theCourt considered the lack of evidence linking recovered cash and mobiles to the specific loot, favorably distinguishing the recovery from the occurrence facts, and granted bail.
Petitioner Lango Oraon directed to be released on bail upon furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No. 8925 of 2014
Lango Oraon .… Petitioner -VersusThe State of Jharkhand ..... Opposite Party
------- CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
For the Petitioner : : M/s. Faiz-ur-Rahman For the State : : M/s. Pranay Kr. Jaiswal, A.P.P. -------
5/ 07.04.2015. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with, Chanho P.S. Case No.121 of 2013, corresponding to G.R No. 6484 of 2013, for the offence under Sections 395, 397 of the Indian Penal Code.
The case relates to dacoity and the case was instituted against unknown.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case only on the basis of the confessional statement of the co-accused and though there is recovery of some mobile sets and cash from the petitioner, but there is nothing in the record to show that they were the looted ones.
Learned counsel for the State has opposed the prayer for bail, but upon going through the case diary, it is admitted that four mobiles and some cash were recovered from the petitioner but there is nothing in the case diary to show that they were the looted mobiles in the said occurrence, nor the cash and mobiles were put on T.I.P.
In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Lango Oraon, 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 Sri S.N. Bara, learned Judicial Magistrate, Ranchi, or his successor, in connection with, Chanho P.S. Case No.121 of 2013, corresponding to G.R No. 6484 of 2013.
D.S.
2 issues framed by the court
Whether the petitioner, falsely implicated based on co-accused confession with unrecoverable loot evidence, should be granted bail in a dacoity case.
Whether recovery of cash and mobile sets without showing linkage to the looted items justifies denial of bail in dacoity proceedings.
1 provisions across 1 enactments
Lango Oraon
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
