This judgment grants bail to the petitioner, an accused in a murder case, considering that the principal prosecution witness has been examined and subsequently declared hostile.
Directed to release the petitioner on bail on a bond of Rs. 10,000 with two sureties to appear before the Trial Court.
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. 1041 of 2022
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Golu Singh @ Vivek Kumar Singh … Petitioner -versus-
The State of Jharkhand … Opposite Party
---CORAM : HON’BLE MR. JUSTICE ANANDA SEN THROUGH VIDEO CONFERENCING
For the Petitioner: Mr. Nilesh Kumar, Advocate For the State: Mr. Sardhu Mahto, A.P.P.
2/ 11.03.2022 Petitioner is praying for grant of bail as he is in custody for allegedly committing offence punishable under Sections 302/34 of the Indian Penal Code, in connection with Dumka (T) Police Station Case No.33 of 2018 corresponding to Sessions Trial No.156 of 2018, pending in the Court of the District & Additional Sessions Judge I, Dumka.
Heard learned counsel for the petitioner and the learned A.P.P. for the State and have also gone through the impugned order.
Petitioner renews his prayer for bail, which was earlier rejected. On 25.09.2020, while rejecting the bail application being B.A. No.5819 of 2020, a liberty was granted to the petitioner to renew his prayer after examination of the witness, Ram Marandi, who was alleged to be an eye witness. Petitioner has renewed his prayer on the ground that Ram Marandi has been examined and he has been declared hostile.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner, but, cannot dispute the fact that Ram Marandi has been declared hostile. Aforesaid fact has also been mentioned in the impugned order.
Considering the fact that witness Ram Marandi has been examined and has been declared hostile, I am inclined to grant bail to the petitioner. Petitioner, namely, Golu Singh @ Vivek Kumar Singh, is, accordingly, 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 the District & Additional Sessions Judge I, Dumka in connection with Dumka (T) Police Station Case No.33 of 2018 corresponding to Sessions Trial No.156 of 2018, with a condition that the petitioner shall appear before the Trial Court on each and every date till conclusion of the trial, failing which the Trial Court shall take all steps for his re-arrest.
(Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether bail should be granted to the petitioner who is in custody for allegedly committing an offence under Sections 302/34 IPC given that the key prosecution witness has been declared hostile.
1 provisions across 1 enactments
Golu Singh @ Vivek Kumar Singh
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
