A single-bench order released the petitioner, Kharia Munda, on bail in a murder case after his prosecution witness became hostile, directing furnishing of a bond and elaborate sureties.
Petitioner enlarged on bail by furnishing a bond of Rs. 25,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5162 of 2020
Kharia Munda … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Ritesh Kumar, Adv. For the State : Mr. Praveen Kr. Appu, Addl. P.P.
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04 /03.12.2020 Heard the parties through video conferencing.
The petitioner has been made accused in connection with Murhu P.S. Case No.49 of 2017 corresponding to G.R. No.297 of 2017 (S.T. No.178 of 2017) registered under Sections 302 of the Indian Penal Code and Section 3/4 of Witchcraft of Practices Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed the murder of the deceased Panda Munda and his wife. It is submitted that the allegation against the petitioner is false. It is next submitted that earlier the prayer for bail of the petitioner was rejected vide order dated 13.02.2019 with liberty to the petitioner to renew his prayer for bail if the trial is not concluded within one year and the fresh ground is that the so far as trial is concerned, four witnesses have been examined including the informant who has been examined as P.W.4 namely Moti Soy Murmu. It is further submitted that in her deposition, the P.W.-4 has stated that she does not know how the deceased were murdered and who murdered them and she has been declared hostile. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 18.07.2017 as is mentioned in para-15 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st , Khunti in connection with Murhu P.S. Case No.49 of 2017
corresponding to G.R. No.297 of 2017 (S.T. No.178 of 2017) with the condition that he will co-operate with the trial of the case.
Animesh/
(Anil Kumar Choudhary, J.)
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving allegations of murder?
Whether the change of P.W.-4 to hostile status warrants bail?
Kharia Munda
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
