The High Court of Jharkhand, Ranchi disposed of bail applications filed by two accused persons. The court rejected the petitions because the petitioners were declared absconders, citing the case diary as the basis for refusal.
Prayer for bail was rejected and both applications were 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. 4250 of 2018 WITH
B.A. No. 4280 of 2018
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Kishore Ganjhu @ Beso Ganjhu @ Rajkishore Ganjhu
@ Rajkishore Ganjhu … Petitioner [in B.A. No.4250 of 2018] Ranjit Ganjhu @ Ranjeet Ganjhu … Petitioner [in B.A. No.4280 of 2018]
-versusThe State of Jharkhand … Opposite Party [in both cases] ---CORAM : HON’BLE MR. JUSTICE ANANDA SEN ---For the Petitioners : Mr. Jitendra Shankar Singh, Advocate For the State : A.P.P.
8/ 25.09.2018 Heard learned counsel for the parties.
Learned counsel for the petitioners files a supplementary affidavit in Court. The same be kept on record. Petitioners are accused for allegedly committing the offence punishable under Sections 302, 379, 34 of the Indian Penal Code, Section 17 of the Criminal Law Amendment Act, Section 27 of the Arms Act (chargesheet submitted and cognizance taken under Sections 302, 379, 411, 120B of the Indian Penal Code and Section 27 of the Arms Act), in connection with Balumath Police Station Case No.85 of 2010 (G.R. No. 433(S) of 2010) corresponding to Session Trial No.116A of 2013, pending in the Court of learned Sessions Judge, Latehar. Learned counsel for the petitioner argues the case and submits that the petitioners are entitled to be released on bail.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioners and submits that the petitioners were declared as absconder, which would be evident from paragraph 75 of the Case Diary. In view of the aforesaid fact, I am not inclined to grant bail to the petitioners at this stage. Accordingly, prayer for bail of the petitioners, abovenamed, in connection with Balumath Police Station Case No.85 of 2010 (G.R. No.433(S) of 2010) corresponding to Sessions Trial No.116A of 2013, pending in the Court of learned Sessions Judge, Latehar, is hereby rejected.
Both these applications stand dismissed.
( Ananda Sen, J.)
Kumar/Cp-03
2 issues framed by the court
Whether bail should be granted to petitioners who are recorded as absconders in the case diary.
Whether the prayer for bail can be entertained when the petitioners were declared absconders.
4 provisions across 4 enactments
Kishore Ganjhu @ Beso Ganjhu @ Rajkishore Ganjhu
Ranjit Ganjhu @ Ranjeet Ganjhu
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
