Petitioner in custody sought regular bail in a murder case involving death by hanging. Court rejected prayer citing gravity of offence and evidence of ante-mortem injuries, dismissing the suicide plea.
Prayer for regular bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 233 of 2023
Inderjeet Singh @ Jitu @ Indrajeet Singh @ Jitu Singh @ Amarjeet Singh
.... .. ... Petitioner(s)
Versus The State of Jharkhand. .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
......... For the Petitioner : Mr. Rajiv Kumar, Advocate Mr. Saurabh Shekhar, Advocate For the State : Mr. S. Kr. Verma, APP
03/ 03.04.2023 . Petitioner above-named who is in custody has moved this Court for grant of regular bail in connection with Jugsalai P.S. Case No.107 of 2022 registered under Sections 302/ 34 of the Indian Penal Code.
Heard the parties.
It is submitted by learned counsel for the petitioner that it death was not homicidal death rather a suicidal, therefore, offence under Section 302 IPC will not be made out. It is submitted that as per the post-mortem report, there were ligature mark on the neck and death was caused by asphyxia due to hanging.
It is further submitted that the marriage was solemnized about 16 years ago and from the said wedlock, three children were born. It is submitted that trial is in progress and the brother of the deceased has not supported the case of the prosecution and has been declared hostile.
Learned APP for the State has vehemently opposed the prayer. It is submitted that there was past history of assault against the deceased. The postmortem report specifically refers to ante-mortem injuries caused by hard and blunt substances resulting in abrasions.
Considering the gravity of offence and nature of allegation, I am not inclined to enlarge the petitioner on regular bail and accordingly, the prayer for bail is rejected.
( Gautam Kumar Choudhary, J. )
Uploaded.
Sandeep/
2 issues framed by the court
Whether to grant regular bail to the petitioner accused of murder.
Whether the offence under Section 302 IPC can be negated by evidence suggesting suicide.
1 provisions across 1 enactments
Inderjeet Singh
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
