Allowed

Pawan Mandal Alias Pawan Kumar v. the State of Jharkhand

Jharkhand HC6 Sept 2024B.A./7605/2024

Case brief

AI extract

What is this about?

Regular bail application for a petitioner in custody since April 2023 on a murder charge, where the earlier rejection rested on an eyewitness son; his subsequent deposition showed he slept through the occurrence. The court enlarged him on bail with conditions.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties of like amount before Additional Sessions Judge-VII, Dhanbad (S.T. Case No.617 of 2023).

Pawan Mandal Alias Pawan Kumar Vs the State… — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 7605 of 2024

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Pawan Mandal @ Pawan Kumar, aged about 24 years, S/o Sagar Mandal, R/o Village Benagoria, P.O & P.S. Nirsa Dirstrict Dhanbad. ..… Petitioner

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Versus

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The State of Jharkhand

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..... Opposite Party

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner :Mr. Pratiush Lala, Advocate For the Opposite Party :Mr. Jitendra Pandey, APP

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02/Dated: 06.09.2024

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Heard learned counsel for the parties.

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2. The instant bail application has been preferred by the petitioner for grant of regular bail for the offences registered under 302/34 of the IPC.

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3. Learned counsel for the petitioner submits that the earlier bail application of the petitioner was rejected on the ground that in paragraph 8 of the counter affidavit it was stated that the son of the deceased, namely, Ayush Mandal has saw the occurrence and he was basically an eye witness and in view of the aforesaid circumstances the bail application of the petitioner was rejected. However after dismissal of the aforesaid bail application the said Ayush Mandal has been examined as P.W.-4 wherein at paragraph - 11 of his deposition, he has categorically stated that for the whole night he was sleeping and everything with regard to killing of his father was told to him by his uncle. Relying upon these statements made in the deposition of the ocular witness and the petitioner is languishing in jail since 04.04.2023, as such he may be enlarged on bail..

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4. Learned A.P.P. opposed the prayer for bail.

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5. Having regard to the aforesaid submissions of the learned counsel for the parties and after going through the deposition of P.W.-4 coupled with the fact that the petitioner is in custody since 4.4.2023, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Dhanbad in connection with S.T. Case No.617 of 2023 arising out of Govindpur P.S. Case No.108 of 2023.

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6. It is made clear that during trial the petitioner shall appear on each and every date before the learned trial court and he shall not threaten any witnesses and shall co-operate in trial. Further the petitioner will submit photocopy of his Aadhar Card and mobile number before the court below which he will always keep active and will not change and if any adverse report will come against this petitioner, learned trial court shall be at liberty to cancel the bail of this petitioner.

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(Deepak Roshan, J.)

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Fahim/

Pawan Mandal Alias Pawan Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pawan Mandal Alias Pawan Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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