Bail application pending since 2015 in an assault case resulting in death. Court granted bail on executing bond of Rs. 20,000 with two sureties each, imposing condition to appear regularly in trial.
Petitioner ordered to be released on bail on executing bail bonds of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7491 of 2018
Raju Godsora
... Petitioner
-Versus-
The State of Jharkhand
... Opposite Party
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner :- Mr. J.N. Upadhyay, Advocate;
Mr. Abhishekh Gautam, Advocate. For the State :- Mr. Sanjay Kr. Pandey, A.P.P.
02/28.09.2018:
Heard both the counsels.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 25.05.2015 and therefore, petitioner has already spent sufficient time in custody. Learned counsel has referred to the evidence of PW1 and said that this witness has been declared hostile. Learned counsel has further submitted that as per the FIR, the accused-petitioner assaulted the deceased by 3-4 ft. long iron rod, but, during investigation, IO seized the iron rod of 1.5 ft. long only, therefore, the case cannot be made out against the petitioner.
Learned A.P.P. appearing on behalf of the State has opposed the bail application and has submitted that from the evidence of PW-2 and PW-3 itself, it appears that they are the eye witnesses to the occurrence and that the assault has taken place, due to which, death has occurred.
Having heard the learned counsel for both the sides, gone through the records and in the facts and circumstances, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 20,000/(Rs. twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Seraikella in connection with Adityapur P.S. Case No. 205/2015, corresponding to G.R. No. 587/ 2015(S.T. No. 116/2015) with the condition that he will appear regularly in the hearing in trial before the court-below unless dispensed with by the court-below.
(Ratnaker Bhengra, J.)
S.B.
2 issues framed by the court
Whether the petitioner should be released on bail in a assault-causing death trial considering custody duration and investigative discrepancies.
Whether the discrepancy between the incident description (3-4 ft rod) and seized weapon (1.5 ft rod) affects the bail application.
Raju Godsora
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
