In bail proceedings, the Hon'ble Court noted that the petitioners are admitted to be not the assailants based on case diary analysis. The petitioners were released on bail upon furnishing security.
Released on bail on furnishing bond of Rs. 10,000/- each with two sureties of like amount.
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. 646 of 2018
1.Md. Motalib Ansari 2.Md. Jafar Ansari ….. Petitioners
-V e r s u s- The State of Jharkhand ….. Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
For the Petitioner : Mr. S.M.Shahzad, Advocate For the State : A.P.P
3/13.03.2018 Heard learned counsel appearing for the petitioners.
The petitioners are accused for allegedly committing offence punishable under Sections 341, 307, 120-B of the Indian Penal Code, Section 27 of the Arms Act. Admittedly from the F.I.R. it is clear that the informant is not the eye witness.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case and from the statement of the eye witness recorded in paras 29 and 31 of the case diary, it is also clear that these petitioners are not the assailants. He submits that the persons who got the statement recorded in the case diary categorically stated that the assailants had covered the face by black scarf.
Learned Addl. P.P. opposes the prayer for bail and submits that there was some dispute between the deceased and the petitioners as a result of which this occurrence had taken place but after going through the case diary he admits that these petitioners are not the assailants.
Since petitioners are not the assailants, I am inclined to allow this application. Accordingly, the petitioners, namely, Md. Motalib Ansari and Md. Jafar Ansari are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.Ranchi, in connection with Burmu, P.S. Case No. 42 of 2017, corresponding to G. R. No. 5080 of 2017.
(Ananda Sen, J.)
Amar/cp3
1 issue framed by the court
Whether the petitioners accused under Sections 341, 307, 120-B of IPC and Arms Act should be released on bail given admission they are not assailants.
Md. Motalib Ansari
Md. Jafar Ansari
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
