Petitioner sought renewal of bail in a murder case. Court noted only four of six prosecution witnesses were examined. Held that trial was ongoing and denied bail prayer.
Prayer for bail rejected; prosecution directed to produce remaining witnesses on specified date.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10772 of 2023 Sonu Karmakar .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s).
CORAM : SRI ANANDA SEN, J. -----For the Petitioner(s) : Mr. Anurag Kashyap, Advocate For the State : Mrs. Nehala Sharmin, A.P.P. …......
02/15.12.2023: The petitioner is an accused for the offence punishable under Sections 302/307/341/506/34 of IPC and Section 27 of the Arms Act.
Heard, the learned counsel for the parties.
Petitioner has renewed the prayer for bail on the ground that till date out of six prosecution witnesses only four witnesses have been examined.
He further submits that there is discrepancy in the version of the prosecution witnesses as some witnesses have deposed that the petitioner was standing with a bat in his hand and other narrated that he was standing with a firearm.
The A.P.P. submits that the trial is in progress and only two witnesses i.e. I.O. and Doctor remain to be examined in this case. She further submits, after going through the CIS that next date for recording evidence is fixed on 08.01.2024, when the witnesses will be produced.
The prosecution is directed to produce the remaining two witnesses on 08.01.2024 and get their statement recorded without any adjournment.
Considering the fact that the trial is in progress, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Burmamines P.S. Case No.59 of 2022, corresponding to G.R. Case No.1558 of 2022, pending in the court of learned Additional Sessions Judge-I, Jamshedpur stands rejected.
Let a copy of this order be handed over to the learned A.P.P., who will communicate the same to the Deputy Commissioner, Jamshedpur, and the Senior Superintendent of Police, Jamshedpur for immediate compliance.
(ANANDA SEN, J.)
R.S./
2 issues framed by the court
Whether the prayer for renewal of bail should be granted considering the ongoing trial.
Whether discrepancies in prosecution witness statements are sufficient to grant bail.
Sonu Karmakar
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
