Allowed¶18

Janishar Akhtar Alias MD Nishar Alias Timil v. the State of Jharkhand

Jharkhand HC20 Sept 2024B.A./5682/2024

Case brief

AI extract

What is this about?

Regular bail granted; accused in Katkamsandi (Pelawal) P.S. Case No.157 of 2019 (murder, Sections 302/34 IPC with Section 27 Arms Act); parity with main assailant and co-accused already on bail (BA No.15346 of 2021 dt. 21.01.2022; BA No.14171 of 2021 dt. 10.06.2022); informant and witness hostile; custody since 31.03.2024; bail bond Rs.25,000 with two like sureties before Judicial Magistrate, Hazaribagh; Coram: Navneet Kumar, J.; decided 20.09.2024.

What did the court decide?

Bail granted on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Hazaribagh, subject to conditions of cooperation in the trial and appearance on each and every date, failing which cancellation may be considered in accordance with law. ¶18

Janishar Akhtar Alias MD Nishar Alias Timil… — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, an accused in Katkamsandi (Pelawal) P.S. Case No.157 of 2019 (Sections 302/34 IPC, Section 27 Arms Act), in custody since 31.03.2024, deserves to be enlarged on bail on parity with the co-accused already released and in view of the hostile witnesses.

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Ratio / Principle

Taking into consideration the persuasive submissions advanced on behalf of the petitioner, the Court found it just and fair to enlarge the petitioner on bail.

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Key takeaways

Petitioner directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Hazaribagh, subject to cooperation in the trial and appearance on every date before the court below.ratio¶18

Detailed headnote1 paragraphs

Bail application (B.A. No.5682 of 2024, High Court of Jharkhand) by accused Janishar Akhtar @ Md. Nishar @ Timil in Katkamsandi (Pelawal) P.S. Case No.157 of 2019 under Sections 302/34 IPC and Section 27 Arms Act, alleging murder of Sahid Qureshi. The main assailant had been enlarged on bail by a coordinate Bench in BA No.15346 of 2021 (order dated 21.01.2022) and a similarly situated co-accused in BA No.14171 of 2021 (order dated 10.06.2022); the informant and another prosecution witness were declared hostile; the petitioner was in custody since 31.03.2024. Held just and fair to enlarge the petitioner on bail on a bond of Rs.25,000/- with two like sureties to the satisfaction of the Judicial Magistrate, Hazaribagh, subject to conditions of cooperation in the trial and appearance on every date, failing which cancellation could be considered in accordance with law.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5682 of 2024

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Janishar Akhtar @ Md. Nishar @ Timil aged about 45 years, S/o late Abdul Jabbar, R/o Village & P.O.- Pelawal, P.S. – Katkamsandi, District, Hazaribag (Jharkhand) .....

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Petitioner

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Versus

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The State of Jharkhand …. Opp. Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Md. Sajid Yunus, Advocate For the State : Mrs. Bandana Singh, APP -----

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5/20.09.2024 Heard learned counsel appearing for the petitioner and learned APP appearing for the State.

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The petitioner is an accused in connection with Katkamsandi (Pelawal) P.S. Case No.157 of 2019 dated 16.09.2019, registered under Sections 302/34 of Indian Penal Code and under Section 27 of Arms Act.

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It is submitted on behalf of the petitioner that as per of the allegations set out in the FIR is that the petitioner along with co-accused persons killed the deceased Sahid Qureshi, who was maternal uncle (mama) of the informant.

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It has been pointed out that the main assailant was Bhola Ansari @ Yunus Ansari @ Yunush, who is said to have been enlarged on bail by the coordinate bench of this court in BA No.15346 of 2021 vide order dated 21.01.2022.

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Further, it has also been submitted that the similarly situated coaccused Raju Ansari @ Gulam Baki Hussain @ Gulam Baki Ansari has also been enlarged on bail by the coordinate Bench of this court in BA No.14171 of 2021 vide order dated 10.06.2022.

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Further, it has also been pointed out that the case of the petitioner stands on the similar footing of Raju Ansari and therefore he deserves to be enlarged on bail in view of the fact that he is in custody since 31.03.2024 and both the informant and one another witness, examined on behalf of the prosecution, have been declared hostile as they have not supported the case of the prosecution.

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On the other hand, learned APP appearing on behalf of the State opposed the prayer for bail but did not controvert the fact that the main

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assailant Bhola Ansari @ Yunus Ansari @ Yunush has been enlarged on bail by the coordinate bench of this court in BA No.15346 of 2021 vide order dated 21.01.2022 and the similarly situated co-accused Raju Ansari @ Gulam Baki Hussain @ Gulam Baki Ansari has also been enlarged on bail by the coordinate Bench of this court in BA No.14171 of 2021 vide order dated 10.06.2022.

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Having heard learned counsels for the parties, perused the record of this case.

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Having taken into consideration the persuasive submissions advanced on behalf of the petitioner, it is found just and fair to enlarge the petitioner on bail.

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Accordingly, petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Judicial Magistrate, Hazaribagh, in connection with Katkamsandi (Pelawal) P.S. Case No.157 of 2019, subject to the condition that the petitioner will cooperate in the trail and will appear before the learned court below on each and every date as and when required by them, failing which, appropriate order shall be passed by the learned court below for the cancellation of bail in accordance with law.

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(Navneet Kumar, J.)

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R.Kumar

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Janishar Akhtar Alias MD Nishar Alias Timil v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Janishar Akhtar Alias MD Nishar Alias Timil v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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Coram

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