Bail petition rejected in a murder case where a confessional statement led to recovery of the firearm used. Court directed the trial court to expedite examination of remaining three witnesses.
Prayer for bail stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2710 of 2019
Ramesh Sharma
@ Amit Sharma @ Titu Sharma ..... Petitioner Versus
The State of Jharkhand …. Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Sri Krishna Murari, Advocate Mr. Rohit, Advocate For the State : A. P.P.
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2/9.5.2019 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offences under Sections 302, 120-B / 34 of the Indian Penal Code, and under Section 27 of the Arms Act, in connection with Golmuri (Buramines) P.S. Case No.154 of 2015, corresponding to G.R. No.1730 of 2015, S.T. No.376 of 2015.
The case relates to murder and the petitioner has been named in the FIR on the basis of suspicion. In view of the fact that self-incriminating confessional statement of this petitioner had led to the recovery of the firearm used in the offence, earlier bail applications of this petitioner were rejected on merits, and one bail application was dismissed as withdrawn after some arguments.
Learned counsel for the petitioner has renewed the prayer for bail.
In the facts of the case, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail stands rejected.
At this stage, it is submitted by learned counsel for the petitioner that the trial is at its fag end, as only three witnesses are remained to be examined in the case.
If this submission of learned counsel for the petitioner is true, the Trial Court below shall expedite the trail.
(H. C. Mishra, J.)
R.Kumar
2 issues framed by the court
Whether a petitioner accused of murder and offences under the Arms Act should be released on bail when a confessional statement has already led to recovery of evidence.
Whether the submission that the trial is at its final stage warrants a different bail decision.
2 provisions across 2 enactments
Ramesh Sharma
The State of Jharkhand
H.C. MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
