In a bail application, the court rejected the prayer for the petitioner accused of assault with an axe but granted bail to another petitioner absent of such specific allegations against him.
Release of petitioner no. 1 on bail; rejection of bail for petitioner no. 2.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 655 of 2018
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioners : Mr. Jawed Sultan, Advocate For the State : A.P.P.
2/21.02.2018 Heard learned counsel appearing for the petitioners and the learned counsel for the State, who opposes the prayer for bail.
The petitioners are accused for allegedly committing offence punishable under Sections 341, 323, 325, 307, 504 & 354(A)/34 of the Indian Penal Code.
Considering the direct allegation against petitioner no. 2 Mukesh Paswan that he assaulted the injured with an Axe, I am not inclined to release him on bail. Accordingly, his prayer for bail is hereby rejected.
So far petitioner no. 1 Suresh Paswan is concerned, since there is no such allegation against him, I am inclined to release him on bail. Accordingly, petitioner no. 1 namely, Suresh Paswan is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Dhanbad, in connection with Jharia P.S. Case No. 235 of 2016 [G.R. No. 4184/2016].
( Ananda Sen, J )
Mukund/-cp. 3
2 issues framed by the court
Whether the petitioner no. 2 Mukesh Paswan is eligible for bail considering the allegation of assault with an axe.
Whether the petitioner no. 1 Suresh Paswan is eligible for bail given the absence of direct allegations against him.
1 provisions across 1 enactments
Suresh Paswan
Mukesh Paswan
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
