In a bail application, the high court directed the release of the petitioner on bail regarding a robbery charge, noting defects in his implication and lack of a Test Identification Parade.
Directed the release of the petitioner on bail on furnishing a bond of Rs.10,000/ with two sureties.
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. 11606 of 2021
Saurav Dalai ... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. J.N. Upadhyay, Advocate For the State : Mr. Shree Prakash Jhar, A.P.P. --- Order No. 02 Dated 24th November, 2021
Heard the learned counsel appearing for the respective parties.
Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with S.T. No. 96 of 2021
arising out of Kadma P.S. Case No. 147 of 2020.
A robbery was committed in the house of the informant and gold jewelleries as well as cash were looted.
The petitioner is not named in the First Information Report and seems to have been implicated on the confession of co-accused Arif Ansari. The petitioner is in custody since 14.10.2020. There does not seem to be any Test Identification Parade which has been held to ascertain the presence of the petitioner in committing such robbery.
Although the petitioner has got criminal antecedents, but regard being had to his manner of implication, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-XIII at Jamshedpur in connection with S.T. No. 96 of 2021 arising out of Kadma P.S. Case No. 147 of 2020.
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether the petitioner should be granted bail considering his implication and lack of prior procedural safeguards.
Saurav Dalai
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
