Dismissed

Sikandar Gaddi Alias Champiyan Gaddi v. the State of Jharkhand

Jharkhand HC2 Mar 2020A.B.A./722/2020

Case brief

AI extract

What is this about?

The petitioner, accused in an FIR involving murder, arson, and unlawful assembly, sought anticipatory bail apprehending arrest. The Single Judge, noting the serious nature of allegations and necessity for custodial interrogation, rejected the prayer for anticipatory bail.

What did the court decide?

Prayer for anticipatory bail rejected. Petitioner is not granted privilege of anticipatory bail.

Sikandar Gaddi Alias Champiyan Gaddi Vs the… — Murder and Culpable Homicide | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 722 of 2020

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Sikandar Gaddi @ Champiyan Gaddi @ Shikandar Gaddi

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… Petitioner Versus The State of Jharkhand … Opposite Party ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. V.K. Trivedi, Advocate Mr. B. Trivedi, Advocate For the State : Mr. N.K. Singh, Addl. P.P.

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------

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Order No.05 Dated- 02.03.2020

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Giridih (T) P.S. Case No.253 of 2017 registered under sections 147/ 148/149/341/323/353/307/337/338/153A/295A/504/506/ 302 of the Indian Penal Code, Section 27 of Arms Act and under Section 3/4 of Explosive Substances Act.

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Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with coaccused persons were member of an unlawful assembly and being variously armed pelted stones and country made bomb was also recovered by which Parwej Gaddi sustained injuries and the said Parwej Gaddi who sustained injury in the occurrence succumbed to the injuries during course of his treatment. It is further submitted that the allegation against the petitioner are all false and for the murder of Parwej Gaddi a separate complaint vide Complaint Case No.1557 of 2017 has been registered in which the petitioner is not an accused. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. on the other hand vehemently opposes the prayer for grant of anticipatory bail and submitted that as there is allegation against the petitioner that by being assaulted by the

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members of an unlawful assembly of which the petitioner was a member, the death of the deceased has taken place hence, custodial interrogation of the petitioner is required to find out the details of the occurrence and later on offence punishable under Section 302 I.P.C. has also been added to the FIR vide the order dated 04.10.2017 of the C.J.M., Giridih, Hence, it is submitted that the petitioner ought not to be given the privilege of anticipatory bail.

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Considering the serious nature of allegation against the petitioner of being member of unlawful assembly which murdered Parwej Gaddi as well as the requirement of the custodial interrogation of the petitioner during the investigation of the case, this Court is of the considered view that this is not a fit case where the privileges of anticipatory bail be given to the petitioner. Accordingly, the prayer for anticipatory bail of the above named petitioner is rejected.

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(Anil Kumar Choudhary, J . )

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Gunjan-

Sikandar Gaddi Alias Champiyan Gaddi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sikandar Gaddi Alias Champiyan Gaddi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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