In this bail application under B.A. No.9889 of 2015, the petitioner challenged the rejection of his bail in a double murder case. The High Court, relying on the petitioner's admission and eyewitness testimony, rejected the renewed prayer for bail.
Prayer for bail stands rejected.
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.9889 of 2015
Basant Kumar Mahto
..... Petitioner
Versus
The State of Jharkhand
…. Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Nand Kishore Ram For the State : A. P.P.
2/6.01.2016 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner has been made accused for the offence under Sections 364/365/302/34 of the Indian Penal Code, in connection with Sonahatu P.S. Case No.48 of 2012, corresponding to G.R. No.4659 of 2012, S.T. No.85 of 2013.
The case relates to double murder, in which the wife and son of this petitioner were murdered and their dead bodies were found.
In view of the fact that it was found from the case diary that the petitioner had admitted before the villagers that he had committed the murder of his wife and son and there is also the statement of the eyewitness, who had seen the petitioner, taking away the dead body of his son for throwing in the river, from where the dead bodies were recovered, earlier the bail application of this petitioner was rejected on merits by order dated 26.8.2013 in B.A. No.5623 of 2013.
Learned counsel for the petitioner has renewed the prayer for bail.
In the facts and circumstances of the case, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail stands rejected.
(H. C. Mishra, J)
R.Kumar
3 issues framed by the court
Whether the petitioner should be released on bail in a case of double murder involving sections 302 and 364 IPC.
Whether the prior rejection of bail on merits warrants renewal of the prayer under changed circumstances.
Whether the petitioner's admission and eyewitness testimony justify the continued grant of bail.
1 provisions across 1 enactments
Basant Kumar Mahto
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
