The High Court at Ranchi enlarged Jagir Singh on bail in a murder case, despite specific allegations against other co-accused, directing him to furnish a bond and sureties to the Addl. Chief Judicial Magistrate.
The petitioner was directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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. 2714 of 2016 Jagir Singh ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : M/s Amit Kumar & Ajay Kumar, Advocate For the State : A.P.P. For the Informant : Mr. A.K. Kashyap, Sr. Advocate --------
The petitioner has been made accused for the offences under Sections 302, 120-B / 34 of the Indian Penal Code and Section 27 of the Arms Act, in connection with Telco P.S. Case No. 237 of 2014 corresponding to G.R. No. 2005 of 2014.
The case relates to murder of brother of the informant and the informant is the eyewitness to the occurrence. Though the petitioner is also named in the FIR, but there is direct allegation against other co-accused to have assaulted the deceased by firearm causing his death.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and after investigation, the police had submitted final form in favour of the petitioner, but cognizance has been taken by learned Magistrate, in view of the protest petition filed by the informant. Learned counsel has accordingly, prayed for bail.
Learned counsel for the State, as also learned counsel for the informant have opposed the prayer for bail, submitting that the petitioner is the order giver and on the petitioner's order, firing was made on the deceased.
In the facts of this case and taking into consideration the fact that there is specific allegation against other co-accused to have assaulted the deceased by firearm, I am inclined to enlarge the petitioner, Jagir Singh, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/(ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Chief Judicial Magistrate, Jamshedpur, in connection with Telco P.S. Case No. 237 of 2014 corresponding to G.R. No. 2005 of 2014.
R.Kr.
1 issue framed by the court
Whether the petitioner accused under murder and arms charges is entitled to bail?
2 provisions across 2 enactments
Jagir Singh
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
