Single bench order granting bail to the petitioner an accused in an assault case where postmortem is missing. The court directed release on bond with two sureties subject to physical presence.
Release on bail with bond of Rs. 10,000 and two sureties of like amount each, subject to physical presence in court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7015 of 2019
Bandhan Singh. ... .Petitioner
Versus The State of Jharkhand. ..... Opposite Party
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY ---------For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mr. Hardeo Prasad Singh, APP. -----
06/22.11.2019 Heard the parties.
The petitioner is an accused in connection with Raidih P.S. Case No. 7 of 2017, G.R. No. 216 of 2017, S.T. No. 268 of 2017.
It has been alleged that the petitioner had assaulted with an axe on the head of the deceased and he thereafter assaulted several persons as a result of which one Bhondo Devi had died.
It appears that the informant has been declared hostile.
Learned counsel for the petitioner has submitted that FIR was instituted just after few hours of the incident, but no postmortem was done as the postmortem report is not available on record.
Learned A.P.P. has not disputed the aforesaid fact.
Regard being had to the above, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only), with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Gumla in connection with Raidih P.S. Case No. 7 of 2017, G.R. No. 216 of 2017, S.T. No. 268 of 2017, subject to the condition that the petitioner shall remain physically present before the learned trial court on each and every date till the conclusion of the trial.
(Rongon Mukhopadhyay, J)
Rakesh/-
1 issue framed by the court
Whether the petitioner should be granted bail given the absence of a postmortem report despite the alleged assault leading to death.
Bandhan Singh
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
