In a bail application involving accused Kamlesh Yadav for Sections 304B/34 IPC, the High Court allowed bail despite the prosecution's failure to produce the Viscera report despite prior adjournments, noting that the court cannot wait indefinitely.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4252 of 2018
Kamlesh Yadav …. …. Petitioner(s). Versus The State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. A.K. Chaturvedy, Advocate FOR THE STATE : A.P.P.
04/11.12.2018
Learned APP seeks one more opportunity to bring on record the Viscera report.
After perusal the record, I find that on 31.5.2018 time was given to learned APP to bring on record the Viscera report. Further on 20.11.2018 time was again given to him. Inspite of aforesaid orders the prosecution has failed to produce the FSL report. This court cannot wait for indefinite period.
Heard learned counsel for the parties.
The petitioner is an accused for allegedly committing an offence punishable under Sections 304B/34 of the IPC.
Counsel for the petitioner submits that during investigation it transpires that petitioner did not administer poison to the deceased. He submits that petitioner slapped the deceased and thereafter she committed suicide by consuming poison. He submits that there is no mark of injury on the person of the deceased.
Learned A.P.P. opposes the prayer for bail but does not controvert the aforesaid submission.
Considering the aforesaid facts, I am inclined to allow this application. Accordingly, the petitioner above named 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 Judicial Magistrate, Palamau at Daltonganj in connection with Chhattarpur Police Station Case No. 57 of 2017 (G.R. No. 826 of 2017).
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether the petitioner, accused under Sections 304B/34 IPC, is entitled to bail.
Whether the failure of the prosecution to produce the Viscera report within granted time prevents granting bail.
Kamlesh Yadav
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
