High Court at Ranchi dismissed the bail application. The applicant challenged his remand in a theft and robbery case, arguing lack of recovery and non-conduct of identification parade, but the court found no grounds for bail.
The bail application was dismissed and the accused remained in judicial 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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9280 of 2014
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Md. Naushad Shah @ Paklu @ Md. Naushad ... ... Petitioner Versus The State of Jharkhand ... ... Opposite Party CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Pran Pranay, Advocate For the State : Mr. Tapas Roy, A.P.P.
4/09.01.2015 After the bail application of the applicant being B.A.
No. 6915 of 2014 was rejected vide order dated 23.09.2014, the applicant again moved the Trial Court by filing the bail petition dated 07.11.2014 seeking grant of bail in connection with S.T. Case No. 381 of 2014, arising out of Namkum P.S. Case No. 196 of 2013, registered under Sections 395/397/412 of the I.P.C.
The learned counsel for the applicant submits that only evidence against the applicant is the alleged confessional statement of the applicant. No recovery has been made from the possession of the applicant nor at the instance of the applicant. It is stated that Test Identification Parade was also not conducted though, the case has been registered against the unknown.
The learned A.P.P. opposes the prayer for grant of bail.
From the materials on record, it appears that the applicant has been remanded in the present case while he was in judicial custody in connection with another case. The
informant who is an injured witness claims to have identified the accused persons. The learned Trial Judge found materials
in paragraph nos. 5, 6, 12 & 14 of the case diary disclosing the complicity of the applicant.
I find no ground to entertain this bail application and
accordingly, it is dismissed.
(Shree Chandrashekhar, J.)
Satyarthi
1 issue framed by the court
Whether the bail application should be allowed given the evidence solely consists of a confessional statement without recovered articles or identification parade?
1 provisions across 1 enactments
Md. Naushad Shah @ Paklu @ Md. Naushad
The State of Jharkhand
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
