Ladura Hembrom Alias Chadu Hembrom Vs the… — Murder and Culpable Homicide | Jharkhand HC (2024)

Ladura Hembrom Alias Chadu Hembrom Vs the… — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, West Singhbhum at Chaibasa, in connection with S.T. Case No. 223/2022, arising out of Tonto P.S. Case No. 13/2022, corresponding to G.R. Case No. 325/2022.

Issue for consideration

Whether the petitioner, an accused in S.T. Case No. 223/2022 with charges framed under Sections 302 r/w 34 and 201 r/w 34 IPC, and whose case was urged to be on a different footing from that of the co-accused whose bail was rejected, should be released on bail.

Court's answer

Regard being had to the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, West Singhbhum at Chaibasa, in connection with S.T. Case No. 223/2022 arising out of Tonto P.S. Case No. 13/2022 (G.R. Case No. 325/2022).

Detailed headnote1 paragraphs

Bail granted — Murder and disposal-of-evidence charges (Sections 302 r/w 34 and 201 r/w 34 IPC; case initially registered under Section 364 IPC) — High Court of Jharkhand, Ranchi, B.A. No. 5311 of 2023, decided 23.01.2024 (Ambuj Nath, J.). Petitioner Ladura Hembrom @ Chadu Hembrom, accused in S.T. Case No. 223/2022 (Tonto P.S. Case No. 13/2022; G.R. Case No. 325/2022) pending before the Sessions Judge, West Singhbhum at Chaibasa. Informant's parents went missing on 03.04.2022; bodies found floating in the well of Sukhdeo Gope tied to a stone; on the confession of the accused, a bloodstained rock and the deceased's towel were recovered; towel identified in T.I. Parade. Co-accused's bail rejected in B.A. No. 8871 of 2022; petitioner arrested subsequently with nothing recovered on his confession. Court directed release on bail of Rs. 20,000/- with two like sureties.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 5311 of 2023

Ladura Hembrom @ Chadu Hembrom

The State of Jharkhand ... … Opposite Party

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

For Petitioner : M/s. Anjani Kumar, Advocate For the State : M/s. S. K. Verma, A.P.P

06/23.01.2024 Heard the Parties.

Petitioner has been made an accused in connection with S.T. Case No. 223/2022, arising out of Tonto P.S. Case No. 13/2022, corresponding to G. R. Case No. 325/2022, registered under Section 364 of the Indian Penal Code and charge has been framed under sections 302 r/w 34 and 201 r/w 34 of the Indian Penal Code, pending in the Court of learned Sessions Judge, West Singhbhum at Chaibasa.

On 03.04.2022, parents of the informant went missing, blood spots were found in the courtyard of their house. Accordingly, case under section 364 of the Indian Penal Code was registered.

From the case diary, it appears that the dead body of the parents of the informant was found floating in the well of Sukhdeo Gope. The dead body was tied to a stone which indicated that after commission of the murder the body was dumped in the Well.

Subsequently, the petitioner and co-accused persons were apprehended and, on their confession, a bloodstained Rock, which was used in the commission of the murder of the deceased persons and a towel belonging to the deceased were recovered.

Learned lawyer appearing on behalf of the state submitted that the towel in question was put on T.I. Parade and it was identified.

It was submitted that bail application of the co-accused

persons has been rejected by a coordinate bench of this court vide B.A. No. 8871 of 2022.

Learned lawyer appearing on behalf of the petitioner submitted that the petitioner was subsequently arrested after the other accused persons were arrested and nothing has been recovered on the basis of his confession. As such, his case is on a different footing from that of co-accused persons whose bail application has been rejected.

Regard being had to the facts and circumstance of the case, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Singhbhum at Chaibasa in connection with S.T. Case No. 223/2022, arising out of Tonto P.S. Case No. 13/2022, corresponding to G. R. Case No. 325/2022.

(Ambuj Nath, J.)

Saurabh

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