Appeal against rejection of bail in a dacoity case. The High Court held that recovery of stolen items from the petitioner's premises and identification parade justify rejection of bail.
Bail prayer rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1304 of 2016 Jitu Roy @ Jitendra Roy ..... … Petitioner
Versus
The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Arun Kumar, Advocate For the State : A.P.P. --------
06/ 01.04.2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has been made accused for the offence under Section 395 of the Indian Penal Code, in connection with Chas (Muffasil) P.S. Case No. 147 of 2015 corresponding to G.R. No. 2112 of 2015.
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 and has accordingly, prayed for bail.
Learned counsel for the State has opposed the prayer for bail and has pointed out from the case diary that on the basis of confessional statement of the co-accused, there is recovery of looted articles concealed in a bag from behind the house of this petitioner,. Those articles were also identified in the Test Identification Parade. There is confessional statement of the petitioner also.
In the facts of this case, I am not inclined to enlarge the petitioner, Jitu Roy @ Jitendra Roy, on bail. Accordingly, his prayer for bail is rejected.
( H. C. Mishra, J.)
Amitesh/-
2 issues framed by the court
Whether the petitioner, falsely implicated in dacoity, should be granted bail?
Whether the recovery of looted articles and identification parade preclude bail?
1 provisions across 1 enactments
Jitu Roy @ Jitendra Roy
The State of Jharkhand
H. C. MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
