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Sudam Singh Vs. State of Jharkhand - Court Judgment

SooperKanoon Citation

Court

Jharkhand High Court

Decided On

Appellant

Sudam Singh

Respondent

State of Jharkhand

Excerpt:


.....no specific allegation against the petitioner. learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and has prayed for bail. learned a.p.p. for the state has opposed the prayer for bail and from the case diary, he has submitted that the eyewitness has also named the petitioner, but the statement of eyewitness also shows that there is only omnibus allegation against him. in the facts of this case, i am inclined to enlarge the petitioner, sudam singh, on bail. accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned addl. sessions judge, simdega, in connection with s.t. no. 28 of 2013, arising out of bano p.s. case no. 30 of 2012 corresponding to g.r. no. 334 of 2012. ( h. c. mishra, j.) r.kr.

Judgment:


IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5670 of 2013 Sudam Singh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Arvind Kumar Singh, Advocate For the State : A.P.P. -------- 5/ 02.09.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 147, 148, 149, 302, 120B of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act, in connection with Bano P.S. Case No. 30 of 2012 corresponding to G.R. No. 334 of 2012, S.T. No. 28 of 2013. The case relates to murder of son of the informant and the informant appears to be the eyewitness to the occurrence. It appears from the FIR that there is allegation against six named accused persons including the petitioner to have committed murder of the deceased by firearm. However, there is no specific allegation against the petitioner. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and has prayed for bail. Learned A.P.P. for the State has opposed the prayer for bail and from the case diary, he has submitted that the eyewitness has also named the petitioner, but the statement of eyewitness also shows that there is only omnibus allegation against him. In the facts of this case, I am inclined to enlarge the petitioner, Sudam Singh, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge, Simdega, in connection with S.T. No. 28 of 2013, arising out of Bano P.S. Case No. 30 of 2012 corresponding to G.R. No. 334 of 2012. ( H. C. Mishra, J.) R.Kr.


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