Held petitioners to be admitted to bail on furnishing a bond of Rs. 25,000 each with two sureties in the murder conspiracy case, directing them to cooperate with the trial pending lockdown.
Petitioners released on bail on furnishing bond of Rs. 25,000 each with two sureties of the like amount, to cooperate with the trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9343 of 2020
… Opposite Party------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioners : Mr. S.K. Singh, Advocate For the State : Mr. N.K. Singh, Addl. P.P. ------
Order No.02 Dated- 08.12.2020
Heard the parties through video conferencing.
Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.
The petitioners have moved this Court for grant of bail in connection with Pipratand P.S. Case No.12 of 2020 registered under sections 302/34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has assaulted the victim resulting in his death. It is further submitted that the allegations against the petitioners are all false and there is no eye witness to the occurrence. It is then submitted that the petitioners have been implicated in this case merely on the basis of suspicion and police after due investigation has submitted charge sheet against the petitioners for committing the offence punishable under Section 304/34 of Indian Penal Code and cognizance has also been taken for the said offences by the learned Magistrate as is evident from the order dated 21.09.2020, a copy of the certified copy has been filed as Annexure-2 in this petition. It is next submitted that the petitioners have been in custody since 19.06.2020 as has been mentioned in paragraph no. 15 of the bail application. It is lastly submitted that the
petitioners undertake to cooperate with the trial of the case. Hence, it is submitted that the petitioners be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioners on bail. Accordingly, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., Palamau, in connection with Pipratand P.S. Case No.12 of 2020 with the condition that the petitioners will cooperate with the trial of the case.
(Anil Kumar Choudhary, J . )
Gunjan/
2 issues framed by the court
Whether petitioners accused of murder and conspiracy are entitled to bail.
Whether defects pointed out by the stamp reporter should be ignored due to the counsel's undertaking.
2 provisions across 1 enactments
Aditya Prajapati
Akhilesh Prajapati @ Aklesh Prajapati
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court