Single Jog Bail application where petitioner, accused under IPC 302/201/34, sought regular bail. Court granted bail noting key prosecution witness PW-2 turned hostile after earlier trial testimony differed from investigation findings.
Released on bail by furnishing bond of Rs. 25,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 14282 of 2021
Muneshwar Oraon @ Mineshwar Oraon … … Petitioner Versus The State of Jharkhand … … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Jitendra Shankar Singh, Advocate For the State : Mr. Satish Prasad, A.P.P.
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04/19.01.2022 The present bail application is taken up today through Video conferencing.
Heard learned counsel for the parties.
The petitioner is an accused for the offences punishable under Sections 302/201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner’s bail applications were earlier rejected by this Court twice firstly, vide order dated 07.08.2020 passed in B.A. No. 3406 of 2020 and secondly, vide order dated 05.02.2021 passed in B.A. No. 745 of 2021. By way of present bail application, the petitioner has renewed his prayer for regular bail primarily for the reason that two other similarly situated co-accused persons namely, Suneshwar Oraon and Sandeep Oraon have already been granted bail by different Benches of this Court and that the petitioner is in judicial custody in connection with the present case since 14.11.2019. It is further submitted that this Court rejected the petitioner’s application on second occasion vide order dated 05.02.2021 passed in B.A. No. 745 of 2021 considering the submission of the learned A.P.P. that the witnesses Antoshi Oraon and Pintu Oraon had clearly stated during investigation that in the night of 11.07.2019, they heard the noise of falling something in a nearby well and thereafter in torch light, they saw that the aforesaid three persons including the petitioner were present there and the said fact was not brought to the notice of other Benches while considering the bail applications of co-accused Suneshwar Oraon and Sandeep Oraon. Learned counsel for the petitioner further submits that the petitioner has suffered rigors of judicial custody for about a year since
rejection of his last bail application. Subsequnelty, witness Pintu Oraon was examined in the trial as PW-2, but he did not support the case of the prosecution and was accordingly declared hostile. A copy of deposition of PW-2 has been annexed as Annexure-3 series to the present bail application. Considering the said aspect of the matter, the petitioner may be given the privilege of regular bail.
The learned A.P.P. opposes the petitioner’s prayer for bail. Having heard the learned counsel for the parties, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Latehar in connection with S.T. No. 50 of 2020, subject to the condition that the petitioner shall co-operate in the trial and shall be physically present before the trial court as and when his presence is required, failing which the trial court shall be at liberty to pass appropriate order in accordance with law.
Manish
1 issue framed by the court
Whether the petitioner, accused of murder, should be granted regular bail considering changed deposition of key witness PW-2.
1 provisions across 1 enactments
Muneshwar Oraon @ Mineshwar Oraon
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
