Pending bail petition rejected due to failure of prosecution witnesses to appear. Court ordered trial court to record statements of investigating officer and doctor on the next date.
Petitioners did not receive privilege of bail; petition stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 3876 of 2019
Faruque Ansari @ Farque Ansari …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) With B.A No. 4399 of 2019 Nawshad Ansari @ Naushad Ansari …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Chandrajit Mukherjee, Advocate FOR THE STATE : Mr. Rakesh Kumar Sinha, Advocate Ms. Vandana Bharti, Special P.P
03/10.07.2019
Superintendent of Police, Mr. Priyadarshi Alok, Lohardaga and the Officer in-Charge, Mr. S.K. Ray, Bhandra P.S are present in Court. They beg apology for not producing the witnesses in the court below. They undertake that on the next date of examination both the witnesses i.e Doctor and Investigating Officer will appear before the court below.
Considering the personal undertaking given before this Court I am not proceeding further in this matter.
Keeping in view of the undertaking and the fact that two witnesses remain to be examined in this case, I am not inclined to grant privilege of bail to the petitioners. Accordingly, petitioners above named in connection with Bhandra P.S. Case No. 84 of 2017 corresponding to G.R. No. 655 of 2017, S.T. No. 78 of 2018, pending in the court of learned Principal District & Sessions JudgeLohardaga stands rejected.
Trial court is directed to record the statement of the witnesses i.e Investigating Officer and Doctor if produce on the next date. Be it mentioned that their examination should not be deferred.
The appearance of Superintendent of Police, Lohardaga and Officer-inCharge- Bhandra is dispensed with.
(ANANDA SEN , J)
anjali/ C.P 3
Faruque Ansari @ Farque Ansari
Nawshad Ansari @ Naushad Ansari
State of Jharkhand
ANANDA SEN
As recorded by the court registry
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