Allowed

Kartik Lohar Alias Kartik Lohra v. the State of Jharkhand

Jharkhand HC18 Feb 2019B.A./313/2019

Case brief

AI extract

What is this about?

Petitioner accused of offences including murder under IPC Sections 147, 148, 149, 302, 387, 427, 435 and Arms Act Section 27, facing trial after co-accused acquitted. Court inclined to enlarge petitioner on bail with sureties and conditions.

What did the court decide?

Petitioner directed to be released on bail by furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each and subject to further conditions.

Kartik Lohar Alias Kartik Lohra Vs the State… — Murder and Culpable Homicide | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 313 of 2019

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Kartik Lohar @ Kartik Lohra ….. Petitioner Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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--------- For the Petitioner : Mr. Jawahar Sah, Advocate. For the State : APP

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02/Dated: 18/02/2019

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Heard the learned counsel for the parties.

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The petitioner has been made an accused for the offence registered under Sections 147, 148, 149, 302, 387, 435, 427 of the IPC and Section 27 of the Arms Act.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and not committed any offence whatsoever alleged in the FIR. It is further submitted that the petitioner is in custody since 06.10.2018. It is further submitted that the petitioner has made accused on the basis of confessional statement of co-accused and charge has been framed against this petitioner.

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It appears that the name of the petitioner has transpired on the basis of co-accused, namely, sidheshwar Nath Mishra, Ram Lal Mahto, Babloo Prajapati and others, who faced the trial in S.T. No.96 of 2009 and all the co-accused were acquitted vide order dated 15.03.2010, passed by Addl. Judl. Commissioner, Ranchi. Further, charge has been framed against the petitioner and trial will take some time.

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In view of the facts and circumstances, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousands) with two sureties of the like amount each to the satisfaction of the learned A.J.C.XVI, Ranchi, in connection with Burmu P.S. case No. 23 of 2008, corresponding to G.R.No.1700/2008, S.T.No.593/18 and subject to the further conditions as follows:-

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(i) Petitioner is directed to remain physically present before the trial court on each and every date fixed by the trial court till conclusion of trial and will cooperate in

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trial, failing which the trial court is at liberty to cancel the bail bonds of the petitioner. (ii) Petitioner is further directed that along with the bail bonds, she will furnish his Cell number and xerox copy of AADHAR Card in the court below.

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(iii) One of the bailors must be close relative of the petitioner.

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(iv) Further, petitioners shall deposit Rs.2500/- by way of cost in the account of Army Welfare Fund Battle Casualties being A/c No.90552010165915, IFSC Code:- SYNB0009055, Syndicate Bank, Branch, South Block, Defence Headquarter, New Delhi , Branch Code:- 9055 and will submit a receipt of the same before the court below at the time of furnishing bail bonds.

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Let a copy of this order be sent to the court below and also to the learned counsel for the petitioner as well as learned counsel for the State.

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(Anant Bijay Singh, J.)

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Fahim/-

Kartik Lohar Alias Kartik Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kartik Lohar Alias Kartik Lohra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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