IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No. 446 of 2010
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Md. Jiyauddin ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE R. K. MERATHIA
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For the Appellant : M/s. R. Sonaton, Afaque Ahmad,
P. K. Pathak, Advocate
For the Respondent : A.P.P.
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Order No. 5 Dated, 19th day of September 2011
I. A. No. 912 of 2011:
Heard.
It is submitted that prayer for bail was earlier rejected on
1.7.2010
inter-alia on the ground that the appellant was found armed
with revolver at the time of commission of dacoity, but he has been
acquitted on 27.04.2009 in a separate case registered under Arms Act;
and that the appellant has remained in jail for a total period of one year
and seven months by now.
Counsel for the State submitted that the appellant was
found armed with revolver was only one of the grounds for rejection of
bail on 1.7.2010 by this Court apart from other grounds; and that the
said ground of acquittal was available to the appellant when his prayer
for bail was rejected. He further submitted that this is a case of dacoity
in which the appellant has been clearly identified.
Learned counsel for the appellant submitted that the
appellant could not instruct his lawyer properly, when the bail was
earlier rejected.
It appears that the prayer for bail was rejected on 1.7.2010
on merits after considering the respective cases of the parties. It
further appears that one of the ground was that the appellant was
found armed with revolver at the time of commission of dacoity. Bail
was rejected on other grounds also.
In my opinion, no grounds are made out for
reconsideration of prayer for bail.
Accordingly, this I. A. stands disposed of.
(R. K. Merathia, J.)