The High Court of Jharkhand allowed the bail application of the petitioner, Umesh Sao. The court inclined to grant bail as no specific overt act of assaulting the deceased was alleged against the petitioner.
Petitioner Umesh Sao released on bail furnishing bond of Rs. 10,000 with two sureties of like amount.
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. 255 of 2018
Umesh Sao …. …. Petitioner(s).
Versus
The State of Jharkhand …. …. Opp. Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. Ashim Sahani, Advocate For the State : A.P.P.
04/09.02.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 147, 148, 149, 323, 324, 325, and 504 IPC (subsequently, section 302 IPC added on 16.08.2017).
It is alleged that several persons entered the house of the informant and assaulted the informant, informant's son and his father. There is specific allegation against one Suresh Sao who assaulted the father of the informant by mean of an axe. Father of the informant later on expired because of the injury sustained.
Since there is no specific overt-act alleged of assaulting the deceased, by this petitioner, I am inclined to allow this application. Accordingly, the petitioner, namely, Umesh Sao is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned in connection with Additional Chief Judicial Magistrate, Giridih in connection with Dumri P.S. No. 63 of 2017, corresponding to G.R. No. 2307 of 2017.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner accused of offences punishable under sections 147, 148, 149, 323, 324, 325, 504 IPC and 302 IPC is entitled to bail.
Umesh Sao
The State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
