High Court of Jharkhand at Ranchi allowed bail application for three applicants accused of murder under IPC. Court ignored defects at applicant's request and released them on sureties due to lack of evidence.
Applicants released on bail on furnishing bonds of Rs. 30,000 each with two sureties of like amount to C.J.M. Latehar.
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.14497 of 2021
1.Lallu Ram
2.Sunita Devi
3.Jira @ Jirwa Devi
..... … Petitioners
Versus
The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
For the Petitioners : Mr. Rakesh Kumar, Advocate For the State : Mr. Arup Kr. Dey, A.P.P.
04/19.01.2022 Heard learned counsel for the applicants and learned A.P.P. for the
State.
At the request of learned counsel for the applicants the defect, as pointed out by the office is ignored.
This bail application has been filed on behalf of the abovenamed applicants with prayer to release on bail in connection with Latehar P.S. Case No.144 of 2021 registered under Sections 302/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Latehar.
Learned counsel for the applicants has submitted that the F.I.R. of this case was lodged by the informant (the applicant no.1 herein) against the accused-Upendra Ram, Kesri Ram and Raniya Devi and one unknown person in regard to murder of his mother, who was alone at her house and it is also alleged that younger brother of the informant-Nitesh had told the informant that Upendra Ram, Keshri Ram and Raniya Devi were seen while fleeing away from the house of the informant. It is further submitted that during investigation, the name of the applicant-Lallu Ram (the informant himself) and his wife Sunita Devi and co-accused Jira @ Jirwa Devi surfaced and except the confessional statement of the applicants, there is no evidence against them in regard to committing the murder. Nothing incriminating article is alleged to be recovered from the possession of the applicants. It is also submitted that there is no ocular or other circumstantial evidence against the applicants and they have been languishing in jail since 3rd July, 2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants and contended that it is the applicants, who had committed the murder and they had falsely implicated the other persons naming them in the F.I.R.
In view of the submissions made and materials on record, the bail application of the applicants is hereby allowed. Let the applicants be released on bail on furnishing bail bonds of Rs.30,000/-(Rupees Thirty Thousand) each with two sureties of the like amount to the satisfaction of the court of learned Chief Judicial Magistrate, Latehar in aforesaid case.
(Subhash Chand, J.)
Rohit
2 issues framed by the court
Whether to grant bail to applicants accused of murder in the absent witness case.
Whether the weak evidence against applicants warrants release on bail.
1 provisions across 1 enactments
Lallu Ram
Sunita Devi
Jira @ Jirwa Devi
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
