Excerpt
in the high court of jharkhand at ranchi b. a. no. 6254 of 2012 --- 1.md. nayeem 2.md. tahir 3.bibi jahida 4.najbuddin alias nejmuddin petitioners versus the state of jharkhand opposite party --- coram : hon'ble mr. justice alok singh --- for the petitioners : mr. manoj kumar jha, advocate for the opposite party : mr. laxmi murmu, a.p.p. --- 2/01.09.2012 present application is moved seeking regular bail in connection with mahagama p.s. case no. 94 of 2011 corresponding to g.r. no. 693 of 2011 registered under sections 147, 149, 341, 323, 504, 452 & 380 of the indian penal code. present accused is facing trial for committing the murder of brother of the informant i.e. sessions case no. 329 of 2010. in the sessions trial, applicant was released on bail. after coming out on bail, applicant threatened the applicant to withdraw the case of the murder of his brother and on denial has assaulted the complainant and has looted the household articles of the complainant. after investigation, charge-sheet has already been submitted against the applicant. this is high time when judicial forums must ensure safety of the complainant and the witnesses in pending criminal trials. present case is a glaring example of the misuse of bail granted to the applicant. as discussed above, the applicant, who is facing murder case trial, after coming out on bail not only threatened but has assaulted the complainant witnesses of the murder case and on denial has looted household articles. therefore, applicant is not entitled for any bail. accordingly, this bail application is dismissed. (alok singh, j.) r.shekharcp3
Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6254 of 2012 --- 1.Md. Nayeem 2.Md. Tahir 3.Bibi Jahida 4.Najbuddin alias Nejmuddin Petitioners Versus The State of Jharkhand Opposite Party --- CORAM : HON'BLE MR. JUSTICE ALOK SINGH --- For the Petitioners : Mr. Manoj Kumar Jha, Advocate For the Opposite Party : Mr. Laxmi Murmu, A.P.P. --- 2/01.09.2012 Present application is moved seeking regular bail in connection with Mahagama P.S. Case No. 94 of 2011 corresponding to G.R. No. 693 of 2011 registered under Sections 147, 149, 341, 323, 504, 452 & 380 of the Indian Penal Code. Present accused is facing trial for committing the murder of brother of the informant i.e. Sessions Case No. 329 of 2010. In the sessions trial, applicant was released on bail. After coming out on bail, applicant threatened the applicant to withdraw the case of the murder of his brother and on denial has assaulted the complainant and has looted the household articles of the complainant. After investigation, charge-sheet has already been submitted against the applicant. This is high time when judicial forums must ensure safety of the complainant and the witnesses in pending criminal trials. Present case is a glaring example of the misuse of bail granted to the applicant. As discussed above, the applicant, who is facing murder case trial, after coming out on bail not only threatened but has assaulted the complainant witnesses of the murder case and on denial has looted household articles. Therefore, applicant is not entitled for any bail. Accordingly, this bail application is dismissed. (Alok Singh, J.) R.ShekharCp3