This short order accepts a surrender certificate filed by the petitioner and grants bail after revisiting a previous bail rejection. The court directed release on a bond with conditions.
Petitioner directed to be released on bail on furnishing a bond of Rs. 20,000 with two near-relative sureties of the like amount each.
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, RANCHI
B.A. No. 5922 of 2017
Panchanand Kumar @ Panchanand S/o Bodho Sahua,R/o village- Pundag P.O Pundag P.S Jagarnathp0ur Dist Ranchi
…....... Petitioner
Versus
The State of Jharkhand …............................... Opposite party
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner :- Mr. Rajesh Kumar Advocate For the O.P :- A.P.P.
4 / Dated 6.10.2017:
Heard the learned counsel for both sides
In pursuance to the order dated 29.8.2017 the learned counsel for the petitioner submitted that the petitioner surrendered in the court below on 18.9.2017 and to that effect, surrender certificated is being filed today (6.10.2017) in court and same may kindly be accepted.
Accordingly , surrender certificate filed on behalf of the petitioner is accepted and let it be kept on record.
From perusal of the records it appears that earlier the prayer for bail of the petitioner was rejected on merit vide order dated 4.4.2017 in B.A. No. 1510 of 2017. Again the petitioner moved before this Court by filing another bail application being B.A. No. 5922 of 2017.
The learned counsel for the petitioner submitted that the petitioner is not named in the F.I.R, rather, he has made confessional statement before the police and on the basis of which, he has been made accused and there is no eye witness of the alleged occurrence. It is further submitted that the confession made before the police even in his custody has no worth in the eyes of law. It is also submitted that mobile and motorcycle seized from the possession of the petitioner were not used at the time of commission of the alleged offence. It is also submitted that two persons namely, Raman Sahu and Ashok Sahu, who are named in the F.I.R, have been exonerated after investigation of the present case. It is also stated that the petitioner has been arrested by the police on 17.7.2016 and since then he is in jail custody.
The learned A.P.P vehemently opposed the prayer for bail of the petitioner and submitted that he himself made a confessional statement
before the police about his involvement in the alleged crime and therefore, his prayer for bail may not be entertained.
Having regard to the facts and circumstances of the case and having gone through the case records, I am inclined to grant bail to the petitioner and accordingly, the petitioner,above named, is directed to be released on bail on furnishing bail bond of Rs. 20,000/-( Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Commissioner, VII,Ranchi in connection with S.T. No. 659 of 2016 and 667 of 2016 arising out of Nagri P.S.Case No. 89 of 2016 corresponding to G.R. No. 3932 of 2016 with conditions that both the bailors will be the near relatives of the petitioner and he will attend the court below on each and every date of hearing unless dispensed with by the learned court below.
(Ratnaker Bhengra,J)
SD
1 issue framed by the court
Whether to grant bail to the accused who surrendered and challenged his inclusion as an accused based on a confessional statement without corroboration.
Panchanand Kumar @ Panchanand S/o Bodho Sahua
The State of Jharkhand
Ratnakar Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
