Appeal against denial of regular bail allowed. Reliance placed on post-mortem report showing no external injuries. Bail granted subject to conditions including local surety.
Released on bail with sureties of Rs. 25,000 each, subject to conditions including local surety and non-tampering.
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Patna High Court CR. APP (SJ) No.1713 of 2017 (5) dt.24-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1713 of 2017
Arising Out of PS.Case No. -76 Year- 2017 Thana -BEUR District- PATNA
======================================================
.... .... Appellant/s Versus
.... .... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Nawal Kishore Prasad For the Respondent/s : Mr. Smt Usha Kumari No-1
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
5 24-08-2017 The appellant seeks regular bail in connection with Beur P.S. Case No. 76 of 2017, registered for offences punishable under Sections 302 of Indian Penal Code and Section and Section 3(2)(V) of SC/ST Act.
Allegation against the appellant is of causing death of the son of the informant by dashing him against an electric pole.
It has been submitted on behalf of the appellant that though there is allegation that appellant dashed the deceased against an electric pole due to which deceased sustained injuries and died, however, in the post mortem report no external injury has been found, which itself proves the falsity of the case. Further petitioner has been in custody for four and half months.
Heard learned Special P.P. also.
Having heard both sides, in view of the above facts, this appeal is allowed and impugned order is set aside. Let the
Patna High Court CR. APP (SJ) No.1713 of 2017 (5) dt.24-08-2017
appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna, in connection with Beur P.S. Case No. 76 of 2017, subject to the following conditions:-
(i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellant will not induce any witness or tamper with the evidence. (iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J)
sunil/-
U T
1 issue framed by the court
Whether bail should be granted when post-mortem report showed no external injuries despite allegations of dashing against an electric pole.
Sanjeev Chandravansi @ Sanjeev Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
