This judgment dismisses a bail application filed by an accused mentioned in a case diary who was evading arrest. The court rejects the prayer for bail and dismisses the application.
Bail to the petitioner is refused. The bail application is 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. 582 of 2018
Gobind Marandi ….. Petitioner -V e r s u s- The State of Jharkhand ….. Opposite Party ….. CORAM: HON'BLE MR. JUSTICE ANANDA SEN
….. For the Petitioner : Mr. Ashok Kumar Sinha, Advocate For the State : A.P.P
7/3.07.2018 Heard learned counsel for the parties.
Learned Addl. P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 147, 148, 149, 452, 323, 302, 436 and 427 of the Indian Penal Code, Section 17 of the C.L.A. Act and Section 27 of the Arms Act.
Paragraph no. 125 of the case diary suggest that all the process has been exhausted but the petitioner cannot be arrested. He was absconding and was evading his arrest.
Taking into consideration of the aforesaid fact and the paragraph no. 125 of the case diary, I am not inclined to grant privilege of bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner named above, in connection with Shikaripara, P.S. Case No. 13 of 2009, corresponding to G.R. No. 201 of 2009, pending in the court of learned S.D.J.M, Dumka, is hereby rejected.
Thus, this application stands dismissed.
(Ananda Sen, J.)
Amar/cp3
3 issues framed by the court
Whether bail can be granted to the petitioner who is an absconding accused.
Whether the prayer for bail should be rejected given the petitioner's failure to appear.
Whether the petitioner can be arrested having exhausted all processes.
3 provisions across 3 enactments
Gobind Marandi
The State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
