In a bail petition under Section 395 IPC, the High Court of Jharkhand directed the petitioner's release on a bond of Rs. 10,000 with two sureties, subject to the condition of physical presence in the trial court.
Release on bail bond of Rs. 10,000 with two sureties of like amount, subject to physical presence in the court below.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2641 of 2016
Ganduwa Choudhary ….. Petitioner Versus The State of Jharkhand ….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : Mr. H. K. Shikarwar, Advocate For the State : A.P.P
--------- 05/Dated: 10th August, 2016
The petitioner has been made an accused for the offence registered under Section 395 of the Indian Penal Code.
2. Learned counsel for the petitioner has submitted that the petitioner has been made an accused on the basis of the confessional statement of co-accused namely, Tikri Choudhary. That till date he has not been put on Test Identification Parade neither any incriminating material is available on record, save and except the confessional statement of co-accused, which has no evidentiary value in the eyes of law.
3. Learned A.P.P has opposed the prayer for bail.
4. Heard. Regard being had to the facts and circumstances of the case, the petitioner is directed to be enlarged on bail on his furnishing bail bond of Rs.10,000/(Rupees ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Hazaribagh in connection with Bishungarh P.S. Case No.76 of 2013, corresponding to G.R. No.2260 of 2013, subject to the condition that petitioner shall remain physically present present in the court below as and when directed by the trial court, failing which, the trial court is at liberty to pass necessary order in the matter.
(AMITAV K. GUPTA, J.)
Chandan/-
1 issue framed by the court
Whether the petitioner is eligible to be released on bail given the lack of incriminating material and reliance on co-accused's statement.
1 provisions across 1 enactments
Ganduwa Choudhary
The State of Jharkhand
AMITAV K. GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
