This bail application under Sections 302/201/34 IPC was allowed. The High Court released the petitioner on bail, noting he was not in the FIR initially and no material was recovered against him, despite his confession.
Petitioner released on bail on furnishing Rs 10,000 bond with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 6096 of 2018
Shrwan Singh …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Anurag Kashyap, Advocate FOR THE STATE : A.P.P.
04/26.09.2018
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 302/201/34 of the IPC.
Deceased, who was the son of the informant left the house but did not return. Petitioner is not named in the FIR. He was apprehended by the police where he confessed his guilt and stated that he was associate of other accused person and has taken part in committing the offence. The name of this petitioner has transpired in the instant case on the basis of confessional statement of coaccused Vijay Singh. It is admitted that no material was recovered on the basis of the confessional statement of the petitioner.
In view of 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 Chief Judicial Magsitrate, Palamau at Daltonganj in connection with Lesliganj Police Station Case No. 157 of 2017 (G.R. No. 2631 of 2017).
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether the petitioner is entitled to bail in a murder case where his name transpired through a confessional statement of a co-accused and no material was recovered.
Whether the apprehension of guilt via confession renders the bail application untenable.
Shrwan Singh
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
