Single-bench criminal bail application in a murder case. The learned single Judge rejected the prayer for bail in view of direct and serious eye-witness testimony describing the petitioner as the direct perpetrator of the crime.
Prayer for bail in connection with Pandwa P.S. Case No. 18 of 2017 stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4922 of 2018 Bindu Devi @ Sitara Devi …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Md. Imtiaz Khan, Advocate For the State : A.P.P.
06/19.12.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 302 of the IPC.
FIR is the statement of eye witness. He has clearly stated that this petitioner has given spade blow on the head of the deceased resulting in her death. The eye witness has deposed during trial as P.W.1.
Considering the direct allegation against the petitioner, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Pandwa P.S. Case No. 18 of 2017, corresponding to G.R. No. 571 of 2017 (S.T. No. 204 of 2017), pending in the court of learned Sessions Judge, Palamau at Daltonganj stands rejected.
(ANANDA SEN, J)
anjali/ C.P 3
2 issues framed by the court
Whether bail should be granted to the petitioner accused of murder.
Whether the direct allegation made by the eye witness precludes bail discretion.
1 provisions across 1 enactments
Bindu Devi @ Sitara Devi
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
