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M/s. H.N. Construction Private Limited vs Steel Authority of India Ltd.

Jharkhand High Court · Decided on 21 July 2017 · Citation: (2017) 07 JH CK 0047

HON’BLE JUDGES
Shree Chandrashekhar
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-302>Section 302</a>, <a href=1767-34>Section 34</a>, <a href=1767-379>Section 379</a> - Punishment for murder - Acts done by several persons in furtherance of common intention - Punishment for the
RESULT
Allowed
CASE NUMBER
5060 of 2017
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Judgment

7 paragraphs · 387 words
1.

Heard the learned counsels appearing for the parties and perused the documents on record.

2.

On the allegation that son of the informant after he left home on motor-cycle informing his father that he was going to leave the petitioner at Ratu Road but did not come back and in the evening the informant received a message that dead-body of his son is found at Daladali Tea Bagan, the petitioner has been made accused in Nagri P.S. Case No.160/2016, corresponding to G.R. No.7120/2016 for the offence registered under Sections 302, 379, 34 IPC and Section 27 Arms Act. He is in judicial custody since 17.02.2017

3.

Case-diary has been received and a counter-affidavit has been filed.

4.

It is revealed in the case-diary that on 16.02.2017 the petitioner himself went to the Police Station when he came to know about registration of the instant case and pleaded his innocence before the police. It is stated that the petitioner had came to Ranchi; incidentally the place of occurrence is also at Ranchi and that he has some relationship with a married lady at Lohardaga. It is alleged that he was pressurizing the deceased to marry the younger sister of that lady namely, Kaushalya Devi. The learned APP to a Court''s query, whether the motor-cycle on which the deceased had left home has been recovered or not, states that there is no reference of recovery of the said motor-cycle in the case-diary. The learned counsel for the petitioner submits that except the above, there is no other evidence found against the petitioner during the course of investigation and a charge-sheet has already been filed.

5.

The learned APP has opposed the prayer for grant of bail.

6.

Having regard to the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each; one of the bailors shall be his close relative to the satisfaction of learned Judicial Magistrate, 1st Class, Ranchi in connection with Nagri P.S. Case No.160/2016, corresponding to G.R. No.7120/2016, with the condition that he shall appear during the trial regularly, except for special circumstances.

7.

This application is allowed. Let a copy of this order be sent to the trial court through FAX.