High CourtsDivision Bench

Subodh Gour And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 2 December 2020 · Citation: (2020) 12 JH CK 0008

HON’BLE JUDGES
H. C. Mishra, J · Rajesh Kumar, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 302, 307 · Arms Act, 1959 — Section 27
RESULT
Dismissed
CASE NUMBER
Criminal Appeal (D.B.) No. 320 Of 2020
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Judgment

14 paragraphs · 259 words

Heard learned counsel for the appellants and the learned counsel for the State on the Interlocutory Application filed by the appellants for granting bail

during the pendency of this appeal.

The appellants have been convicted and sentenced for the offences under Section 147, 148, 307/149, 302/149 of the Indian Penal Code and Section 27

of the Arms Act.

From the impugned Judgment, it appears that in the F.I.R, there was allegation against the appellant, Subodh Gour to have assaulted the deceased by

firearm. This fact is also supported by an eyewitness, P.W.2, who has identified this appellant as the person who had fired upon the deceased, but in

his cross-examination, he has stated that he had been informed about the same. However, the the evidence of the I.O. shows that the confessional

statement of this appellant had led to the recovery of the firearm.

In the facts of this case, we are not inclined to release the appellant, Subodh Gour, on bail. Accordingly, his prayer for bail is hereby rejected.

So far as other appellants are concerned, we are inclined to release the appellants, Subhash Gour, Ram Nath Gope @ Ram Nath Gour @ Ramanand

and Chitrasen Gour, on bail. Accordingly, the appellants, named above, are directed to be released on bail, during the pendency of this appeal, on

furnishing bail bonds of Rs.10,000/- (ten thousand), each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions

Judge-II, Jamshedpur, in connection with S.T No.343 of 2018.

The aforesaid Interlocutory Application stands allowed in part.