IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 438 of 2011
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Bidhata Singh @ Gullu Singh Appellant
-Versus-
The State of Jharkhand Respondent
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Coram: Hon'ble Mr. Justice R.K. Merathia
Hon'ble Mr. Justice P.P. Bhatt
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For the Appellant: M/s Rana Pratap Singh,Sr. Adv., V.P. Singh,
Sr. Adv, Ashok Kr. Sinha and Rashmi Kumar, Adv.
For the informant: Mr. Shailesh, Adv.
For the State: Mr. V.S. Sahay, A.P.P.
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Order No. 05 Dated:17th October, 2011
Heard Mr. Rana Pratap Singh, senior advocate
appearing on behalf of the appellant and Mr. V.S. Sahay, advocate,
appearing on behalf of the State, assisted by Mr. Shailesh,
advocate, appearing on behalf of the informant on the prayer for
bail of the appellant and perused the lower court records.
It was submitted on behalf of the appellant that the
witnesses, who informed the informant about the occurrence, did
not lodge the FIR themselves; and that there are variations in the
FIR and the doctor’s evidence about the distance from which the
alleged fire arm injury was caused; and that the doctor also found
alcohol in the stomach of the deceased; and that the deceased and
his companion alleged to be eye witnesses as P.Ws. 1 to 3 have
criminal antecedent and that the appellant has falsely been
implicated in this case.
On the other hand, opposing the prayer for bail of the
appellant, the learned counsels appearing on behalf of the State
and the informant submitted that P.Ws. 1 to 3 were the natural
witnesses and it was their natural conduct to inform the informant
immediately, who happens to be the brother of the deceased, about
the occurrence and admittedly, the said occurrence took place in
the house of the appellant.
After hearing the learned counsel appearing on behalf of
the parties and perusing the lower court records, we are not
inclined to grant bail to the appellant.
Accordingly, the prayer for bail of the appellant, named
above, is rejected.
(R.K. Merathia, J.)
(P.P. Bhatt, J.)
Anu/-