The High Court rejected the bail application of an accused charged with murder. Citing the informant's eyewitness status, the contradiction in the re-statement, and the dismissal of a co-accused's bail, the court concluded that bail should not be granted.
The bail application of the petitioner 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. 656 of 2017
Md. Abubakar @ Abubakar @ Boka, son of Late Sk. Liyakat, R/o Village-Bhairo Chuck, PO & PS- Hanwara, Distt.-Godda
.... ...... Petitioner
Versus
The State of Jharkhand ... ..... Opposite Party
--- CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. R.S. Mazumdar, Sr. Adv. For the State : Mr. S.K. Sharma, APP For the Informant : Mr. P.K. Verma, Adv. ---
06/ 11.09.2017 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.52 of 2015, registered for offence punishable under Sections 302/120B IPC.
Contending that entirely a new story was narrated by the informant in his re-statement recorded in paragraph no.10 of the case-diary which stands contradicted by the statement of other witnesses as recorded in paragraph nos.11 to 14 of the case-diary, Mr. R.S. Mazumdar, the learned Senior counsel for the petitioner submits that the petitioner has been implicated in this case only on the suspicion that he was found running away from the place of occurrence with co-accused- Md. Manjoor. It is submitted that enmity between the parties stands admitted inasmuch as, the petitioner has lodged a case against the deceased.
Opposing the prayer for grant of bail, Mr. S.K. Sharma, the learned A.P.P. submits that the petitioner is named in the First Information Report. The informant is an eye-witness to the
2
occurrence who has seen the petitioner and the co-accused- Md. Manjoor holding a blood-stained gadasa . Application of bail on behalf of co-accused- Md. Manjoor vide, B.A. No. 7710 of 2016 has been dismissed by a co-ordinate Bench of this Court.
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.
2 issues framed by the court
Whether the petitioner, implicated in a murder case and found running away from the spot, is entitled to bail despite enmity with the deceased.
Whether the contradictions in the informant's re-statement warrant a change in bail disposal.
Colour shows how this judgement treated each authority
B.A. No. 7710 of 2016Distinguished¶13
2 provisions across 1 enactments
Md. Abubakar @ Abubakar @ Boka
The State of Jharkhand
SHREE CHANDRASHEKHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
