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Md. Arbaaj @ Jalawan vs State of Jharkhand

Jharkhand High Court · Decided on 9 December 2020 · Citation: (2020) 12 JH CK 0066

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302
CASE NUMBER
Bail Application No. 9519 of 2020
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Judgment

17 paragraphs · 346 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioner has been made accused in connection with Mango P.S. case no. 86 of 2020 instituted under sections 302/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the informant has categorically stated that he is an

eye-witness of assault on his son- Md. Fardeen, which led to his death. It is then submitted by learned counsel for the petitioner that the allegation

against the petitioner is false. It is further submitted by learned counsel for the petitioner that the informant has categorically stated that he has seen

Vicky, Salman, Chhotu assaulting his son with knife and the petitioner is not named in the FIR nor he has been named in the charge-sheet submitted

against the co-accused persons. It is further submitted by learned counsel for the petitioner that the petitioner has been implicated in this case only on

the basis of the confessional statement of the co-accused-Vicky. It is further submitted by learned counsel for the petitioner that the petitioner has

been in jail custody since 17.06.2020 as mentioned in paragraph 1 of the bail application and the petitioner is ready and willing to co-operate with the

trial of the case hence, the petitioner may be released on bail. Learned Addl. P.P. opposes the prayer for bail of the petitioner.

Considering the facts of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Jamshedpur in connection with Mango P.S. case no. 86 of

2020 subject to the condition that the petitioner will co-operate with the trial of the case.