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Gulab Sheikh vs The State of Jharkhand

Jharkhand High Court · Decided on 16 June 2017 · Citation: (2017) 06 JH CK 0019

HON’BLE JUDGES
H.C.Mishra
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-147>Section 147</a>, <a href=1767-148>Section 148</a>, <a href=1767-149>Section 149</a>, <a href=1767-364>Section 364</a> - Punishment of criminal conspiracy -
CASE NUMBER
8266 of 2016
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Judgment

6 paragraphs · 240 words
1.

Heard learned counsel for the petitioner and the learned counsel for the State.

2.

The petitioner has been made accused in connection with Panki P.S. Case No.90 of 2013, corresponding to G.R. No. 1442 of 2013, S.T. No. 141 of 2015, for the offence under Sections 364, 147, 148, 149, 120-B of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act.

3.

The case relates to abduction of three persons by the extremists, but subsequently the informant, who was the driver of the vehicle, was released by the culprits. The other victims were taken away by the extremists. The petitioner is named in the F.I.R. itself to be one of the persons who had abducted the victims.

4.

The earlier bail application of this petitioner was rejected on merits by order dated 24.11.2015 in B.A. No. 7632 of 2015, as it had transpired that though the informant had turned hostile, but the other victims had also named the petitioner who were not examined.

5.

Learned counsel for the petitioner has renewed the prayer for bail submitting that the other co-accused has been granted bail.

6.

It is however, admitted that the victims have not been examined. In the facts of this case, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner Awadhesh Singh Dhanuk @ Awadhesh Dhanuk, is hereby rejected.