In bail applications opposing an order dated 12.12.2017, the court rejected the petitioner's prayer for reconsideration. The court held the petitioner's case could not be equated with a co-accused who was granted bail as the mobile phone was never seized from him.
The prayer for bail is rejected. The previous order is not reconsidered.
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. 8520 of 2017
Sakaldeo Munda .... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mr. G.S. Prasad, A. P.P. --- Order No. 03 Dated 14 th December, 2017
Heard Mr. Mohit Prakash, learned senior counsel appearing for the petitioner and Mr. G.S. Prasad, learned A.P.P., appearing for the State.
Earlier the prayer for bail of the petitioner was twice rejected vide order dated 12.06.2017 passed in B.A. No. 237 of 2017 and the order dated 03.11.2017 passed in B.A. No. 7085 of 2017.
The main thrust of the argument of the learned counsel for the petitioner is that Sukhedo Oraon, who used the mobile phone of the deceased, have been granted bail vide order dated 08.12.2017 passed in B.A. No. 6321 of 2017.
It appears that the mobile was never seized from the possession of co-accused Sukhdeo Oraon, rather the motorcycle had been recovered on the confessional statement of the petitioner and therefore the case of the petitioner cannot be equated with Sukhdeo Oraon.
Regard being had to above, I am not inclined to reconsider the prayer for bail made by the petitioner, which is accordingly rejected.
(RONGON MUKHOPADHYAY, J.)
MK
2 issues framed by the court
Whether the petitioner is entitled to reconsideration of the bail prayer.
Whether the petitioner's case can be equated with that of the co-accused granted bail recently.
Sakaldeo Munda
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
