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Shahnawaz Khan Alias Dabur Alias Sonu Alias Shanawaz Khan Alias Dabar Alias Shanwaz Khan v. the State of Jharkhand

Jharkhand HC8 Dec 2021B.A./9741/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to an accused allegedly hired by the petitioner for a murder, noting the only incrimination stems from co-accused confessions and recovered pistols not found with the petitioner.

What did the court decide?

Released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the Judicial Magistrate.

Shahnawaz Khan Alias Dabur Alias Sonu Alias Shanawaz Khan… — Bail and Remand | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9741 of 2021

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Shahnawaz Khan @ Dabur @ Sonu @ Shanawaz Khan @ Dabar @ Shanwaz Khan ... … Petitioner

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Versus The State of Jharkhand ... … Opposite Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing

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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate For the State : Ms. Priya Shrestha, Spl. P.P. For the Informant : Mr. Jitendra S. Singh, Advocate

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04/08.12.2021 Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioner and Ms. Priya Shrestha, learned Spl. P.P. for the State as well as Mr. Jitendra S. Singh, learned counsel appearing for the informant.

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The petitioner is an accused in connection with Azad Nagar P.S. Case No. 167 of 2020, corresponding to G.R. Case No. 794 of 2021.

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It has been alleged that on 29.12.2020 the son of the informant was returning home at which point of time he was fired upon which resulted in his death. Suspicion was cast upon the petitioner and other accused persons of conspiring in the murder of the son of the informant.

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Submission has been advanced by the learned senior counsel for the petitioner that the petitioner has been implicated on the basis of confessional statement of the coaccused persons to the effect that it was the petitioner who had hired them on payment of Rs. 3,00,000/- each and the country made pistol as well as cartridges were also supplied to them by the petitioner. It has been submitted that save and except the confessional statement of the co-accused persons which does not have any evidentiary value in the eye of law there is no other evidence which would indicate the participation of the petitioner in the commission of the murder.

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At this, Mr. Jitendra S. Singh, learned counsel appearing for the informant has submitted that Sarfraj @ Chhotu, Md. Salim @ Guddu and Kala Maqsood @ Gopal had confessed and stated about the active role played by the petitioner in hiring them for committing the murder of the son of the informant. It has further been submitted that based on the confession of the above noted persons three pistols were recovered and as per the FSL report these pistols were used in firing upon the deceased. Learned counsel submits that the confession of the said accused persons are not simplicitor confessional statements but the same has led to recovery of the pistols used in the commission of the offence and since they had disclosed that it was the petitioner who had hired them the active role of the petitioner cannot be discarded. It has further been submitted by Mr. Singh, learned counsel for the informant that there was a previous land dispute between the deceased and the petitioner and on an earlier occasion the petitioner had threatened the deceased which further indicates about the role played by the petitioner.

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From the submissions advanced by the learned counsel for the respective parties it appears that the only incriminating factor which would project the role played by the petitioner is the confessional statements of the coaccused persons naming the petitioner as the person who had hired them on the promise of making payment of Rs. 3,00,000/- to each of them. So far as the recovery of pistols are concerned, the same admittedly were not recovered from the conscious possession of the petitioner rather the same were recovered from the possession of the persons who had confessed and indicted the petitioner of having played a pivotal role in the offence.

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On consideration of the aforesaid facts, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with

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two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1^st Class, Jamshedpur in connection with Azad Nagar P.S. Case No. 167 of 2020, corresponding to G.R. Case No. 794 of 2021.

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(R. Mukhopadhyay, J.)

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Alok/-

Shahnawaz Khan Alias Dabur Alias Sonu Alias Shanawaz Khan Alias Dabar Alias Shanwaz Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shahnawaz Khan Alias Dabur Alias Sonu Alias Shanawaz Khan Alias Dabar Alias Shanwaz Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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