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Judgment
9 paragraphs · 409 wordsDeepak Roshan, J
Heard learned counsel for the petitioner and learned A.P.P
The petitioner has approached this Court for grant of regular bail in connection with Manika P. S. Case No. 19 of 2023, corresponding to G.R. No. 349 of 2023, S.T. No. 250 of 2023, registered for the offence under Sections 302/201 of Indian Penal Code, pending in the Court of learned Sessions Judge, Latehar.
Learned counsel for the petitioner submits that the petitioner has been arrested on the basis of his confessional statement, but admittedly it is not permissible in the eye of law. Learned counsel submits that the alleged blood stained knife as well as shirt which were seized by the prosecution has either not sent for F.S.L or no report has been received by the prosecution and the petitioner is lying in custody since 3. 04.2023. He lastly submits that since there is no eye witness and no F.S.L. Report has been received by the prosecution and charge has already been framed in this case and he is ready to abide by any condition imposed by this Court; as such the petitioner may be enlarged on bail.
Learned A.P.P. though opposed the prayer for bail of the petitioner, however he fairly submits that till date due to some reason or the other there is no F.S.L Report on record
Having regard to the facts and the submissions made by learned counsel for the parties, coupled with the fact that the petitioner is lying in custody since 03.04.2023; I am inclined to enlarge the petitioner on bail. Accordingly, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Latehar, in connection with Manika P.S. Case No. 19 of 2023, corresponding to G.R. No. 349 of 2023, S.T. No. 250 of2 023, subject to the following conditions:
(i) Petitioner shall not in any manner threaten the witnesses and/or do anything which will hamper the trial.
(ii) He shall appear before the learned trial court on each and every date during the trial unless exempted by the Trail court on being satisfied with the causes shown by the petitioner in this regard.
If any of the condition is not fulfilled by the petitioner, the learned trial court would be at liberty to cancel the bail of the petitioner.