The High Court of Jharkhand granted bail to the petitioner who is an accused in P.S. Case No. 36 of 2018 and G.R. No. 940 of 2018, citing the hostility of prosecution witnesses including the informant.
Petitioner directed to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of the like amount each to S.D.J.M., Chatra.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 822 of 2019
Rohan Ganjhu. ... .Petitioner Versus State of Jharkhand. ..... Opposite Party
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY ---------For the Petitioner : Mr. Deepak Kumar, Advocate For the State : APP -----
05/11.11.2019 Heard the parties.
The petitioner is an accused in connection with Piparwar P.S. Case No. 36 of 2018, G.R. No. 940 of 2018.
It has been alleged that some miscreants had fired at the husband of the informant who died during treatment.
Learned counsel for the petitioner has submitted that petitioner has been implicated on his confession recorded in Piparwar P.S. Case No. 57 of 2018 as well as in Piparwar P.S. Case No. 25 of 2015. He has also submitted that all the witnesses examined by the prosecution including the informant have turned hostile.
Learned A.P.P. has opposed the prayer made by the learned counsel for the petitioner.
It appears that a supplementary affidavit has been filed by the petitioner stating that the witnesses examined in course of trial has been declared hostile. Learned counsel submits that the Investigating officer as well as doctor are now left to be examined.
Considering the fact that the witnesses examined during trial have not supported the allegations against the petitioner including the informant, 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 S.D.J.M, Chatra in connection with Piparwar P.S. Case No. 36 of 2018, G.R. No. 940 of 2018, subject to the condition that 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 qualifies for bail given the hostilities of prosecution witnesses registered in P.S. Case No. 36 of 2018 and G.R. No. 940 of 2018.
Rohan Ganjhu
State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
