High Court at Ranchi granted bail to the accused in a case involving murder, theft, and arms charge, noting that the accusation relied on a confessional statement and a co-accused had been released on bail.
Released on bail bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of the Sessions Judge, Garhwa.
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
| Jitender Choudhary | B.A. No. 3635 of 2016 ……..Petitioner Versus |
|---|---|
| The State of Jharkhand | ………. Opposite Party --------- |
| CORAM: HON’BLE |
MR. JUSTICE AMITAV K. GUPTA ---------- |
| For the Petitioner | : Mr.Anurag Kashyap, Advocate |
| For the State | : Mr. Anjani Kr. Toppo, A.P.P. |
05/Dated:10th August, 2016
The petitioner has been made accused for the offence registered under Sections 302, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.
Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner has submitted that the petitioner has been made accused on the basis of confessional statement. That the informant had expressed suspicion against the accused Nankhu Choudhary, who had some monetary transaction with the informant’s son. That one of the co-accused on similar allegation has been enlarged on bail by a co-ordinate Bench, vide order dated 26.07.2016 in B.A. no. 3612 of 2016. That save and except the confessional statement of the petitioner no other material is available on record against him.
Learned A.P.P. for the State has opposed the prayer for bail and submitted there is confessional statement of the petitioner and witnesses have stated about the complicity of the petitioner as an associate of Nankhu Choudhary.
Heard. Considering the fact that the petitioner has been made accused on the basis of confessional statement and the co-accused has been granted bail, 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 the like amount each to the satisfaction of learned Sessions Judge, Garhwa, in connection with Garhwa P.S. Case No.405 of 2015, corresponding to G.R. Case No.2336 of 2015, (S.T. no. 104/2016).
It is made clear that the petitioner shall remain physically present in the court below as and when directed by the trial court till the conclusion of the trial, failing which the trial court is at liberty to pass necessary order.
(Amitav K. Gupta, J.)
Tarun/-
1 issue framed by the court
Whether the petitioner should be enlarged on bail considering the case is based primarily on a confessional statement and a co-accused was already granted bail on similar charges.
3 provisions across 3 enactments
Jitender 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
