Shambhu Singh Sardar v. the State of Jharkhand
Case brief
What is this about?
Ba application filed by petitioner in custody seeking release on bail. Petitioner argued lack of direct allegation and absence from crime scene. Court rejected bail prayer citing eyewitness statements, medical report supporting assault, and refusal to treat allegations as general.
What did the court decide?
Prayer for release on bail stands rejected at this stage.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)
BA No.5918 of 2022
Shambhu Singh Sardar … … Petitioner
Versus
The State of Jharkhand … … Opposite Party
------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------For the Petitioner : Mr. Amit Kumar,Advocate For the State : Mrs. Priya Shrestha, Spl.PP
-------- Order No.10/Dated: 14th October, 2022
When the matter is called out, both the learned counsels have
appeared.
Petitioner is in custody in connection with Sonari PS Case No. 218 of 2021, corresponding to GR Case no. 603 of 2022.
Learned counsel for the petitioner submits that there are eleven named accused and some unnamed accused persons in the FIR. There is no direct allegation against the petitioner. It is stated that son of the informant was allegedly assaulted by many persons. The learned counsel says that the allegation of assault are general in nature and, therefore, the cause of death of the deceased cannot be attributed to this petitioner. He further submits that the petitioner was not present at the place of occurrence as he has gone to the hospital for treatment of his wife. Petitioner was arrested only on the basis of suspicion. Petitioner is in custody since 23.12.2021 hence, he may be released on bail.
Issues for consideration
3 issues framed by the court
Whether the medical report and eyewitness statements sufficiently connect the petitioner to the assault resulting in death to justify rejection of bail.
Whether the petitioner's absence from the place of occurrence and suspension of arrest should have led to release on bail.
Whether the allegations in the case are general in nature or involve a clear case against the petitioner.
Parties & counsel
- petitioner
Shambhu Singh Sardar
- respondent
The State of Jharkhand
Coram
Ratnaker Bhengra
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · October
- Registered
- Case no.
- B.A./5918/2022
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