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MD Sabir Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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Jharkhand HC
2024
MD Sabir Vs the State of JharkhandMD Sabir v. the State of Jharkhand

Allowed¶17

MD Sabir v. the State of Jharkhand

Jharkhand HC23 Aug 2024B.A./5612/2024

Case brief

AI extract

What is this about?

High Court of Jharkhand at Ranchi; B.A. No. 5612 of 2024; Md. Sabir v. The State of Jharkhand; bail granted under Section 25 (1-B) a/26/35 of the Arms Act; Bagodar P.S. Case No. 05 of 2024, JMFC Giridih; linked murder case Bagodar P.S Case No. 04 of 2024 (Section 302 IPC, Section 27 Arms Act); pistol recovered on confessional statement and pointing out; accused disclosed pistol supplied by petitioner, her sister's husband; petitioner previously granted bail in B.A. No. 3311 of 2024 vide order dated 10.05.2024 by Co-ordinate Bench; Coram: Hon'ble Mr. Justice Subhash Chand (author); decided 23rd August 2024; bail bond Rs. 25,000 with two like sureties; advocates: Gautam Kumar Pandey (petitioner), Sanat Kumar Jha A.P.P. (State).

What did the court decide?

Release on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in Bagodar P.S. Case No. 05 of 2024.

Why is it important?

Proceeding on the footing that the petitioner had already been granted bail in the related murder case (Bagodar P.S Case No. 04 of 2024) and that the same pistol is alleged to have been given by him, the Court allowed the bail application. ¶16

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in Bagodar P.S. Case No. 05 of 2024.

Issue for consideration

Whether the petitioner Md. Sabir should be released on bail in connection with Bagodar P.S. Case No. 05 of 2024, registered under Section 25 (1-B) a/26/35 of the Arms Act and pending before the Judicial Magistrate First Class, Giridih.

Court's answer

Proceeding on the footing that the petitioner had already been granted bail in the related murder case (Bagodar P.S Case No. 04 of 2024) and that the same pistol is alleged to have been given by him, the Court allowed the bail application.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the Court concerned in Bagodar P.S. Case No. 05 of 2024.

Detailed headnote1 paragraphs

Bail application (B.A. No. 5612 of 2024) by Md. Sabir before the High Court of Jharkhand at Ranchi in Bagodar P.S. Case No. 05 of 2024 (Section 25 (1-B) a/26/35, Arms Act), pending before the Judicial Magistrate First Class, Giridih. The Arms Act case arose during investigation of the murder of Rukshar Praveen (Bagodar P.S Case No. 04 of 2024, Section 302 IPC / Section 27 Arms Act): on the accused's confessional statement and pointing out, a pistol was recovered, and she disclosed it had been given to her by her sister's husband, the petitioner. Noting that the petitioner had admittedly already been granted bail in the murder case in B.A. No. 3311 of 2024 vide order dated 10.05.2024 by a Co-ordinate Bench, and that the same pistol is alleged to have been given by him, the Court allowed the bail application, directing release on a bail bond of Rs. 25,000/- with two sureties of the like amount. (Subhash Chand, J.; decided 23rd August, 2024)

A

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5612 of 2024

Md. Sabir, aged about 39 years, son of Late Alauddin, resident of village- Pelaval, P.O.-Pelaval, P.S.-Pelaval (Katkamsandi), DistrictHazaribagh. ….. ….. Petitioner

Versus

The State of Jharkhand …. …. Opp. Party

-------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

-----For the Petitioner : Mr. Gautam Kumar Pandey, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P. --------

05/ 23^rd August, 2024

Heard the learned counsel for the petitioner and learned A.P.P. for the State.

This bail application has been filed on behalf of the abovenamed petitioner with the prayer to release on bail in connection with Bagodar P.S. Case No. 05 of 2024, registered under Section 25 (1-B) a/26/35 of the Arms Act, pending in the Court of learned Judicial Magistrate First Class, Giridih.

As per the allegations made in the FIR, the informant has alleged that on 06.01.2024, in between 3:00 p.m. to 4:00 p.m, his wife Farzana Khatoon had told him over the phone that their daughter, Rukshar Praveen was having pistol and was saying that she will marry only with Arun and in failure, she will shoot herself. The informant asked his wife from where Rukshar Praveen has obtained his pistol, then it was told by the wife of informant that same was given to her by Arun. The informant asked to his wife to make understand their daughter, Rukshar Praveen and as he reached to his house, he came to know that his wife had shot her daughter-Rukshar Praveen.

On this written information, Bagodar P.S Case No. 04 of 2024 was registered under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

During investigation of the murder case of Bagodar P.S. Case No. 04 of 2024 on the confessional statement and pointing out

1 -

of accused, a pistol was recovered wherein she has disclosed that the pistol was given to her by the husband of her sister Sabir Ansari i.e. the petitioner herein.

Admittedly, the petitioner has been granted bail in Bagodar P.S Case No. 04 of 2024, registered under Section 302 of the Indian Penal Code and Section 27 of the Arms Act in B.A. No. 3311 of 2024 vide order dated 10.05.2024 by the Co-ordinate Bench of this Court.

As per the allegations made in the FIR, the same pistol is alleged to have been given by the petitioner.

In view of the above, the bail application of the petitioner is hereby allowed. Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with two sureties of the like amount to the satisfaction of the Court concerned in the aforesaid case.

(Subhash Chand, J.)

Rashmi

2 -

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner Md. Sabir should be released on bail in connection with Bagodar P.S. Case No. 05 of 2024, registered under Section 25 (1-B) a/26/35 of the Arms Act and pending before the Judicial Magistrate First Class, Giridih.¶9
The court held
Proceeding on the footing that the petitioner had already been granted bail in the related murder case (Bagodar P.S Case No. 04 of 2024) and that the same pistol is alleged to have been given by him, the Court allowed the bail application.ratio¶16

Statutes considered

3 provisions across 2 enactments

AI extract

Arms Act25 (1-B) a/26/35¶9 27¶11
Indian Penal Code302¶11

Procedural history

How this case reached the court

AI extract

Prior proceeding
On written information that on 06.01.2024 the informant's wife Farzana Khatoon shot their daughter Rukshar Praveen with a pistol, Bagodar P.S Case No. 04 of 2024 was registered under Section 302 IPC and Section 27 of the Arms Act.¶11
Prior proceeding
During investigation of the murder case, on the confessional statement and pointing out of the accused, a pistol was recovered; she disclosed that the pistol was given to her by her sister's husband Sabir Ansari, the petitioner.¶14
Prior proceeding
The petitioner had already been granted bail in Bagodar P.S Case No. 04 of 2024.¶15
Prior proceeding
That prior bail in the murder case was granted in B.A. No. 3311 of 2024 vide order dated 10.05.2024 by the Co-ordinate Bench of this Court.¶15
Prior proceeding
The instant bail application pertains to Bagodar P.S. Case No. 05 of 2024, registered under Section 25 (1-B) a/26/35 of the Arms Act and pending before the Judicial Magistrate First Class, Giridih.¶9

Parties & counsel

AI extract

petitioner
Md. Sabir¶2
Mr. Gautam Kumar Pandey
respondent
The State of Jharkhand¶4
Mr. Sanat Kumar Jha

Coram

AI extract

Subhash Chandauthor¶5

Case details

As recorded by the court registry

Court: Jharkhand HC
Decided on: 23 Aug 2024 · August
Registered: 15 Jun 2024
Case no.: B.A./5612/2024
CNR: JHHC010194962024
Topic: Murder and Culpable Homicide
Bench: Subhash Chand
Disposal: Bail
Case type: B.A.

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Cite this judgement

MD Sabir v. the State of Jharkhand, B.A./5612/2024 (JH), decided on 23 August 2024.

The High Court of Jharkhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Arms Act25 (1-B) a/26/35 · 27
Indian Penal Code302

View all statutes

Procedural history5

On written information that on 06.01.2024 the informant's wife Farzana Khatoon shot their daughter Rukshar Praveen with a pistol, Bagodar P.S Case No. 04 of 2024 was registered under Section 302 IPC and Section 27 of the Arms Act.
During investigation of the murder case, on the confessional statement and pointing out of the accused, a pistol was recovered; she disclosed that the pistol was given to her by her sister's husband Sabir Ansari, the petitioner.

View full history

Bench / Coram

Subhash Chand

Parties & counsel