Bail application of petitioner accused under Section 302 IPC rejected. Court declined bail due to existence of eye-witness statements in case diary indicating prima facie case.
Prayer for bail rejected and application dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4597 of 2018
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Sumi Hembrom @ Somi Hembrom … Petitioner -versusThe State of Jharkhand … Opposite Party ---CORAM : HON’BLE MR. JUSTICE ANANDA SEN ---For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : A.P.P. ----
4/ 01.11.2018 Heard learned counsel for the parties.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner.
Petitioner is an accused for allegedly committing the offence punishable under Sections 302 of the Indian Penal Code, in connection with Borio Police Station Case No.117 of 2017 (G.R. No.281 of 2017) corresponding to Sessions Trial No.238 of 2017, pending in the Court of learned Additional Sessions Judge I at Sahibganj.
Paragraphs 12 and 13 of the Case Diary contain the statements of eye witnesses, who have seen the occurrence.
In view of the specific statement in paragraphs 12 and 13 of the Case Diary, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner, namely, Sumi Hembrom @ Somi Hembrom, in connection with Borio Police Station Case No.117 of 2017 (G.R. No.281 of 2017) corresponding to Sessions Trial No.238 of 2017, pending in the Court of learned Additional Sessions Judge I at Sahibganj, is hereby rejected.
This application stands dismissed.
Kumar/Cp-03
2 issues framed by the court
Whether bail should be granted to the petitioner accused of murder under Section 302 IPC.
Whether the statements of eye witnesses preclude the granting of bail.
1 provisions across 1 enactments
Sumi Hembrom @ Somi Hembrom
The State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
