MD Mustafa Alias MD Mortuza Alias MD Murtuza v. the State of Jharkhand
Anticipatory bail – second application
Case brief
What is this about?
A.B.A. No. 8103 of 2023, High Court of Jharkhand at Ranchi, decided 1 March 2024 by Pradeep Kumar Srivastava, J. Petitioners Md. Mustafa @ Md. Mortuza @ Md. Murtuza and Haroon Rashid @ Honun Rashid sought anticipatory bail (second application) apprehending arrest in Bariatu P.S. Case No. 106 of 2022, Ss. 341/342/323/307/379/504/34 IPC, citing compromise between parties. Court noted direct allegations of grievous injury dangerous to life attracting Section 307 IPC (non-compoundable) and prior rejection on merit; held no fresh ground existed and rejected the application. Counsel: Ashok Kumar Sinha for petitioners; Suraj Deo Munda, A.P.P. for the State.
What did the court decide?
There are direct allegations against the petitioners of causing grievous injuries to the informant dangerous to his life, constituting an offence under Section 307 IPC, which is not compoundable in nature.