The High Court of Jharkhand rejected the petitioner's bail application. The court, hearing the case on merits, denied bail because the petitioner was identified in the charge sheet as an absconder, making it unsuitable to enlarge him on bail at that stage.
Prayer for bail rejected and petitioner not enlarged on bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7891 of 2018
Raju Tirkey..…................ Petitioner
Versus State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. Baleshwar Yadav, Advocate For the State : A.P.P.
4/11.10.2018 Heard learned counsel appearing for the petitioner and the learned counsel for the State.
The petitioner is an accused for allegedly committing offence punishable under Sections 302, 201,120B/34 of the Indian Penal Code, in connection with S.T. No. 317 of 2016, arising out of Chainpur P.S. Case No. 15 of 2011 [Spt. G.R. No. 436/2011], pending in the Court of Additional Sessions Judge-III, Gumla.
Learned counsel for the petitioner argues the case on merits.
Learned A.P.P. opposes the prayer for bail and submits that charge sheet was submitted against this petitioner showing him as an absconder.
In view of the fact that the petitioner was an absconder, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer for bail is hereby rejected.
( Ananda Sen, J )
Mukund/-cp. 3
2 issues framed by the court
Whether bail should be granted to the petitioner who is alleged to be an absconder in connection with offences under Sections 302, 201, 120B/34 of IPC.
Whether the fact that the petitioner was an absconder precludes the grant of bail at this stage.
Raju Tirkey
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
