The High Court dismissed the bail application of the petitioner accused in a case involving murder and rape, finding that he does not deserve bail at this stage.
Grant of bail in the Petition under Cr.P.C. is dismissed.
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. 4784 of 2017
Subodh Das @ Sarbodh Das @ Sarbodh, son of Hari Ravidas, R/o Village-Khurd Dumaria, PO- Paraiya, PS- Hanwara, Distt.-Godda
.... ...... Petitioner
Versus
The State of Jharkhand ... ..... Opposite Party
--- CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. M.K. Sah, Adv. For the State : Mr. Krishna Shankar, APP For the Informant : Mr. R.K. Sinha, Adv. ---
03/ 06.09.2017 Heard the learned counsels appearing for the parties and perused the documents on record.
The petitioner has been made an accused in Hanwara P.S. Case No.10 of 2017, registered for offence punishable under Sections 302/376/452/34 IPC.
Contending that name of the petitioner transpired in the confessional statement of co-accused- Din Dayal Singh who had earlier disclosed the place where the incriminating articles were concealed, the learned counsel for the petitioner submits that the alleged statement of the petitioner before the police indicating the same place from where incriminating articles were recovered cannot be taken as a fact discovered under Section 27 of Evidence Act. It is submitted that the petitioner, who is in judicial custody since 05.02.2017, deserves bail in the instant application.
Mr. R.K. Sinha, the learned counsel appears for the informant. Opposing the prayer for grant of bail, Mr. Krishna Shankar, the learned A.P.P. submits that the petitioner and co-accused- Din Dayal Singh both were arrested on the same day,
2
that is, on 05.02.2017. At the instance of the accused persons incriminating articles were recovered. The petitioner is facing charge for offence under Sections 376 and 302 IPC.
Having regard to the facts and circumstances of the case,
I am not inclined to grant bail to this petitioner and accordingly, this application stands dismissed.
(Shree Chandrashekhar, J.)
R.K.
1 issue framed by the court
Whether bail should be granted to the accused in a case involving offences under Sections 302 and 376 IPC.
Subodh Das @ Sarbodh Das @ Sarbodh
The State of Jharkhand
SHREE CHANDRASHEKHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
