Single Judge of the High Court of Jharkhand, Ranchi allowed the bail application of an accused in Sections 302/201/34 IPC case where prosecution witnesses declared hostile. Granted regular bail with conditions to cooperate in trial.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties, conditioned to cooperate in the trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 8908 of 2017 Nalin Topno ….. Petitioner
Versus
The State of Jharkhand ….. Opposite Party
CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner: Mr. Gaurav For the State: Ms. Lily Sahay, A.P.P
02/01.12.2017 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Sections 302/201/34 IPC.
Learned counsel for the petitioner submits that earlier the petitioner's prayer for bail was rejected by this Court vide order dated 11.04.2017 passed in B.A. No. 1628/2017. By way of present bail application, the petitioner has renewed his prayer for bail. Earlier the petitioner's prayer for bail was rejected primarily considering the fact that during investigation, the witnesses, namely, Bogen Topno and Modi @ Ashishan Topno had stated that on 26.09.2015 at about 7 P.M, they heard the sound of gunfire and thereafter they saw four persons including the petitioner taking away the dead body of the deceased persons in a sack. During investigation, the said witnesses had also stated that they could identify three accused persons including the petitioner while taking away the dead body of the deceased persons from their house in a sack. However, during the trial, Modi @ Ashishan Topno and Bogen Topno have been examined as PWs. 1 & 3 respectively, but they have not supported the case of the prosecution and accordingly they have been declared hostile. In view of the said facts, the petitioner who is in judicial custody since 26.10.2016, may be given the privilege of regular bail.
Learned A.P.P opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the above
named petitioner is directed to be released on bail on furnishing bailbond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Khunti in connection with S.T. No. 40/2017, arising out of Rania P.S. Case No. 43/2015 (G.R. No. 489/2015), subject to the condition that the petitioner shall co-operate in the trial and shall be present as and when required by the Court, failing which the Trial Court is at liberty to pass appropriate order against the petitioner in accordance with law.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the petitioner, being an accused in a murder case where prosecution witnesses turned hostile, is eligible for regular bail.
Nalin Topno
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
