Bail application under Section 302 IPC dismissed by the High Court. The petitioner claimed right to self-defence against an assault. The court held there was no reasonable apprehension of death for self-defence and did not grant bail.
Bail application dismissed; petitioner stands denied bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4001 of 2017
Manoranjan Kumar Sharma @ Deepak, son of Raj Kumar Sharma, resident of village Ginji, PO&PS-Ghonsi, District-Jahanabad (Bihar) .... Petitioner -Versus-
The State of Jharkhand ….... Opposite Party
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Dilip Kr. Chakraverty, Advocate For the State : Mr. Satish Kumar Keshri, APP -----
07/04.09.2017 Heard the learned counsels appearing for the parties and perused the documents on record.
The petitioner has been made an accused in Bermo P.S. Case No. 54 of 2016 corresponding to G.R. No. 409 of 2016 (S.T. No. 191 of 2016), registered for offence under Section 302 IPC.
Contending that right to self-defence to the petitioner started the moment four persons tried to assault him and pushed him in the ditch, the learned counsel for the petitioner submits that if two persons have died in the incident, the petitioner cannot be fastened with criminal liability for offence under Section 302 IPC.
Mr. Satish Kumar Keshri, the learned APP opposing the prayer for grant of bail submits that mere attempt to assault the petitioner would not give rise to reasonable apprehension of death which would give a right of self-defence to the petitioner. Now, as many as three prosecution witnesses have already been examined in this case.
-2-
Without expressing any opinion on the merits of the evidence led during the trial, in the aforesaid facts and circumstances of the case, I am not inclined to grant bail to this petitioner and accordingly, this application is dismissed.
(Shree Chandrashekhar, J.)
Tanuj/-
3 issues framed by the court
Whether the petitioner is entitled to bail in an accusation under Section 302 IPC, claiming self-defence.
Whether mere attempt to assault justifies plea of self-defence and bars criminal liability.
Whether bail should be granted without expressing opinion on merits of evidence.
Manoranjan Kumar Sharma @ Deepak
The State of Jharkhand
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
