In a murder case, this court granted bail to the petitioner despite prior rejections, reasoning that key prosecution witnesses had turned hostile and failed to support the prosecution case.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2993 of 2016 Jhanda Oraon ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. A.K. Ganjhu, Advocate For the State : A.P.P. --------
02/ 20.04.2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has been made accused for the offence under Sections 302, 201 / 34 of the Indian Penal Code, in connection with S.T. No. 54 of 2014, arising out of Sisai P.S. Case No. 159 of 2013 corresponding to G.R. No. 984 of 2013.
The deceased was kept by this petitioner and she had a child also. There being allegation against this petitioner to have committed the murder of the lady and her child, the earlier bail applications of this petitioner were rejected twice on merits.
Learned counsel for the petitioner has renewed the prayer for bail submitting that the witnesses examined so far in this case, including the informant, who is mother of the deceased, have turned hostile and have not supported the prosecution case. Learned counsel has produced the certified copies of the depositions of the witnesses. Let the same be kept on record.
In the facts of this case, I am inclined to enlarge the petitioner, Jhanda Oraon, 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 Additional Sessions Judge-I, Gumla, in connection with S.T. No. 54 of 2014, arising out of Sisai P.S. Case No. 159 of 2013 corresponding to G.R. No. 984 of 2013.
( H. C. Mishra, J.)
Amitesh/-
2 issues framed by the court
Whether the petitioner should be granted bail given the hostility of prosecution witnesses in a murder case.
Whether the petitioner suffers any infirmity warranting a link of bail has now a nexus with his contravention of some other provision of the law.
1 provisions across 1 enactments
Jhanda 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
