The High Court dismissed an application for bail filed by two petitioners charged with murder, rape, and causing disappearance of a person. The court refused bail despite the petitioners seeking it based on a prior acquittal, noting they were absconders for nine years and the nature of the serious offences.
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. 5285 of 2017
-Versus-
The State of Jharkhand ….... Opposite Party
-----CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioners : Mr. Anjani Kumar, Adv. For the State : Mrs. Sadhna Kumar, APP
04/12.09.2017 Heard the learned counsels appearing for the parties and perused the documents on record.
Petitioners have been made accused in Manjhari (Tatanagar) P.S. Case No. 29 of 2005 which was registered for the offences under Sections 364, 302 and 201 I.P.C.
Contending that name of the petitioners has transpired in the confessional statement of the co-accused and they are in judicial custody since 19.07.2016, the learned counsel for the petitioners submits that taking note of the order of acquittal passed in Sessions Trial No.07 of 2006, the petitioners deserve grant of bail in the instant case.
Mrs. Sadhna Kumar, the learned APP opposing the prayer for grant of bail submits that the petitioners were declared absconder and about 9 years after the judgment in Sessions Trial No.07 of 2006 was delivered they were apprehended. There is direct allegation of committing murder of the deceased by pressing her neck. The trial has already commenced in the instant case.
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioners and, accordingly, this bail application stands dismissed.
(Shree Chandrashekhar, J.)
sudhir
2 issues framed by the court
Whether bail should be granted to petitioners accused of murder, rape, and concealment of evidence under Sections 302, 364, and 201 IPC who were absconding after acquittal in a trial court.
Whether the delay in apprehending the petitioners and the nature of the offence preclude the grant of bail.
Lakhindra Gope
Hathi Gope
The State of Jharkhand
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
