Naseem Pawariya Alias Sonu Pawariya Alias Naseem Ahmad Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Naseem Pawariya Alias Sonu Pawariya Alias Naseem Ahmad Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Gumla, in connection with Spt. G.R. Case No. 26/2023 arising out of Puso P.S. Case No. 04/2021, corresponding to S.T. Case No. 161/2023.

Issue for consideration

Whether the petitioner should be released on bail notwithstanding the earlier rejection of his bail prayer in B.A. No. 9194 of 2023, given that the prosecution case against him has been considerably diluted by eye-witness Murshid Ansari (examined as P.W.1) being declared hostile by the prosecution.

Court's answer

The Court regarded the case of the prosecution against the petitioner as considerably diluted on account of Murshid Ansari having been declared hostile by the prosecution.

Ratio / Principle

On that ground the Court directed the petitioner, named above, to be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Gumla, in connection with Spt. G.R. Case No. 26/2023, arising out of Puso P.S. Case No. 04/2021, corresponding to S.T. Case No. 161/2023.

Detailed headnote1 paragraphs

Bail — repeat application (B.A. No. 5518 of 2024, High Court of Jharkhand at Ranchi) after earlier rejection in B.A. No. 9194 of 2023 — prosecution case against petitioner Naseem Pawariya @ Sonu Pawariya @ Naseem Ahmad rested on eye-witness Murshid Ansari's case-diary statement (para 28) implicating him in the shooting of the deceased at the temple, but Murshid Ansari, examined at trial as P.W.1, did not support the prosecution and was declared hostile — the A.P.P. opposed the prayer but did not dispute these facts — considering the prosecution case against the petitioner considerably diluted, the Court (Rongon Mukhopadhyay, J.) directed his release on bail on a bond of Rs. 10,000/- with two sureties of like amount each, before learned Additional Sessions Judge-II, Gumla, in Spt. G.R. Case No. 26/2023 arising out of Puso P.S. Case No. 04/2021 corresponding to S.T. Case No. 161/2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 5518 of 2024

Naseem Pawariya @ Sonu Pawariya @ Naseem Ahmad, S/o Sultan Pawariya, R/o Village- Puto, P.O. + P.S.- Ghaghra, District- Gumla ... … Petitioner

Versus

The State of Jharkhand ... … Opposite Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Tarun Kumar, A.P.P.

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14/18.09.2024 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Tarun Kumar, learned A.P.P. for the State.

The prayer for bail of the petitioner was earlier rejected in B.A. No. 9194 of 2023.

It has been submitted by the learned counsel for the petitioner that the implication of the petitioner was on account of the statement of the eye-witness Murshid Ansari recorded at para 28 of the case diary who had revealed that it was the petitioner who had shot the deceased at the temple leading to his death. Learned counsel for the petitioner has submitted that Murshid Ansari has been examined during trial as P.W.1 and he has not supported the case of the prosecution and accordingly declared hostile by the prosecution.

Mr. Tarun Kumar, learned A.P.P. for the State though has opposed the prayer for bail of the petitioner but has not disputed the aforesaid facts.

Regard being had to the fact that the case of the prosecution so far as the petitioner is concerned have been considerably diluted on account of Murshid Ansari having been declared hostile by the prosecution, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Gumla in connection with Spt. G.R. Case No. 26/2023, arising out of Puso P.S. Case No. 04/2021, corresponding to S.T. Case No. 161/2023.

(Rongon Mukhopadhyay, J.)

A. Sanga/-