This judgment concerns a bail petition filed by a father-in-law and mother-in-law of the deceased accused in a murder case. The court released the petitioners on bail after considering their innocence and evidence placing the death elsewhere.
Released on bail on furnishing a bond of Rs.20,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4314 of 2019
….. Petitioners
Versus
The State of Jharkhand ….. Opposite Party
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners: Mr. Rahul Kumar For the State: Ms. Lily Sahay, A.P.P
05/07.08.2019 Heard learned counsel for the parties.
The petitioners are accused in a case registered for the offence punishable under Sections 302/34 IPC. However, cognizance has been taken for the offence under Sections 328/302/498(A)/120(B) IPC.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case and have not committed any offence as alleged in the F.I.R. The petitioner No.1 is the father-in-law and the petitioner No.2 is the mother-in-law of the deceased. During investigation, it transpired that the deceased used to stay separately with co-accused Gulam Rashool at Bhadoi, Mirzapur (U.P). The witnesses saw co-accused Gulam Rashool bringing the dead body of the deceased on a medical van. The doctor has also certified that the death of the deceased occurred at Bhadoi. In view of the said fact, the petitioners have no role in commission of the alleged offence. As such, the petitioners who are in judicial custody since 24.01.2019, may be given the privilege of regular bail.
Learned A.P.P opposes the petitioners’ prayer for bail.
Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioners on bail. Accordingly, the above named two petitioners are directed to be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Giridih in connection with Hirodih P.S. Case No. 54/2011, corresponding to G.R. No. 1465/2011.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the petitioners, accused in murder charges alleging false implication, are entitled to regular bail given evidence that the deceased died away from their residence.
Bhola Mian
Amna Khatoon
State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
