In bail appeal No. 7654 of 2020 regarding murder, Justice Rongon Mukhopadhyay rejected the petitioner's second bail prayer despite a co-accused's release, noting the petitioner's more culpable role in the deceased's death.
Prayer for bail rejected.
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. 7654 of 2020
---Md. Sajid @ Chhotu @ Sajid Ansari. .... .Petitioner Versus The State of Jharkhand. ..... Opposite Party ---Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY ---------For the Petitioner : Mr. Shankar Singh, Advocate For the State : Mr. V.N. Jha, A.P.P. -----
02/4-11-2020 Heard the parties.
Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with Argora P.S. Case No. 205 of 2018, G.R No. 1513 of 2019, S.T. No. 648 of 2019.
Earlier prayer for bail of the petitioner was rejected by this Court in B.A. No. 1854 of 2020.
Learned counsel for the petitioner has submitted that one of the coaccused namely Ramjan Ansari @ Chutri has subsequently been granted bail by this Court in B.A. No. 4031 of 2020 and the case of the petitioner is almost similar to that of the said co-accused.
However, perusal of the F.I.R. reveals that it was the petitioner who had caught hold of the deceased resulting in Ajmat Ansari assaulting the deceased with a knife which resulted in his death. Co-accused Ramjan Ansari @ Chutri is said to have subsequently felled down the deceased and had assaulted him.
In view of the apparent difference between the role played by the petitioner and Ramjan Ansari @ Chutri, I am not inclined to reconsider the prayer for bail of the petitioner. Hence his prayer for bail is accordingly rejected once again.
(Rongon Mukhopadhyay, J)
Rakesh/-
1 issue framed by the court
Whether the petitioner is entitled to bail given the difference in his role compared to a co-accused who was granted bail.
Md. Sajid @ Chhotu @ Sajid Ansari
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
