The Division Bench quashed the refusal of bail by the Additional District Judge, allowing the appeal and directing the release of the appellant on bail with sureties in a shoot-at case.
The appellant is directed to be released on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.
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.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.244 of 2023
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Ajay Turi, Aged about 20 years, S/o Govind Turi, R/o Village-Bundu, Keredari P.O. & P.S. Keredari, Dist. Hazaribagh, Jharkhand. .… … Appellant
.… … Appellant Versus
The State of Jharkhand … … Respondent
CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND
------For the Appellant : Mr. Vikram Sinha, Advocate Mr. Akash Kumar Lal, Advocate For the Respondents : Mr. Shashi Kumar Verma, A.P.P. ------
Order No. 02 / Dated 2nd March, 2023
The instant appeal has been filed against the order dated 27.01.2023 passed by Additional District Judge-IV, Hazaribagh in Misc. Cr. Application No.200 of 2023 whereby and whereunder the prayer for bail of the appellant has been refused to be granted.
Learned counsel appearing for the appellant has submitted that the co-accused, namely, Md. Shaif Ali @ Babloo from whose possession arms have been recovered, has been granted bail by Co-ordinate Division Bench of this Court vide order dated 21.02.2023 in Criminal Appeal (D.B.) No.1197 of 2022 and, therefore, submission has been made that the appellant may also be directed to be released on bail.
Learned Additional Public Prosecutor, on perusal of the order dated 21.02.2023 passed in Criminal Appeal
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(D.B.) No.1197 of 2022 and on examining the F.I.R., has not disputed the aforesaid fact.
In view of aforesaid, the order dated 27.01.2023 passed by Additional District Judge-IV, Hazaribagh in Misc. Cr. Application No.200 of 2023 is hereby quashed and set aside.
In consequence thereof, the instant appeal stands allowed.
Accordingly, the appellant, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Hazaribag in connection with S.T. Case No. 156 of 2022 arising out of Barkagaon P.S. Case No. 44 of 2021.
The instant criminal appeal stands disposed of.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
Birendra/
1 issue framed by the court
Whether the bail application of the appellant should be allowed when a co-accused has already been granted bail in a related case.
Ajay Turi
The State of Jharkhand
Sujit Narayan Prasad
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
