In a bail application under Section 302 IPC, the court rejected the petitioner's prayer for regular bail. The court declined to reconsider an earlier dismissal on merit and found no fresh grounds justifying release.
Prayer for regular bail rejected; no release granted.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10970 of 2021
Mahangu Ganjhu … … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Rajesh Kumar Singh, Advocate Mr. Amit Kumar Choubey, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. -----
04/14.01.2022 The present bail application is taken up today through Video conferencing.
At the request of the learned counsel for the petitioner, the defect as pointed out by the office is ignored.
Heard the learned counsel for the parties.
The petitioner is an accused for the offence punishable under Section 302 of the Indian Penal Code, in connection with S.T. No. 198 of 2019, pending in the court of learned Additional Sessions Judge-III, Latehar.
Learned counsel for the petitioner submits that the bail application of the petitioner (husband of the deceased) was earlier rejected by this Court vide order dated 07.08.2020 passed in B.A. No. 3610 of 2020. By way of present bail application, the petitioner has renewed his prayer for regular bail primarily for the reason that he is in judicial custody since 03.02.2020 and the charge against him has already been framed. At least considering the length of judicial custody, he may be given the privilege of regular bail.
Mr. Bishambhar Shastri, learned A.P.P. while opposing the petitioner’s prayer for bail, submits that the bail application of the petitioner has been rejected by this Court on merit. The petitioner has not made out any fresh ground for consideration of his bail application. The police has submitted chargesheet against the petitioner under Section 302 IPC and the trail court has also framed charge against him under said section. The petitioner who is the husband of the deceased being directly involved in commission of offence may not be given the privilege of regular bail.
Having heard learned counsel for the parties, I am not inclined to reconsider the petitioner’s application for grant of regular bail. Hence, the prayer for bail of the petitioner is hereby rejected.
(Rajesh Shankar, J.)
Manish
2 issues framed by the court
Whether regular bail should be granted to the petitioner accused of an offence under Section 302 IPC considering his period of judicial custody.
Whether fresh grounds existed for reconsidering the earlier rejected bail application.
1 provisions across 1 enactments
Mahangu Ganjhu
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
