Md. Warish v. The State of Jharkhand

CORAM : HON’BLE MR. JUSTICE H. C. MISHRA For the Petitioner For the State ------ : : ------ Mr. Md. Sajid Yunus, Advocate A.P.P. 3/ 01.05.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 302, 201 and 34 of the Indian Penal Code, in connection with Katkamsandi (Pelawal) P.S. Case No. 89 of 2012 corresponding to G.R. No. 1573 of 2012, S.T. No. 459 of 2012. The case relates to murder of husband of the informant and the informant was also made accused in this case along with this petitioner, as during investigation it had transpired that the husband of the accused-informant was murdered due to illicit affair between her and the petitioner. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case and there is no material against him, except the confessional statements. Learned counsel has accordingly, prayed for bail. Learned A.P.P. for the State upon going through the case diary, has opposed the prayer for bail submitting that there is confessional statements of the lady as well as this petitioner. However, he has fairy conceded that the confessional statement of the petitioner has not led to any recovery. In the facts of this case, I am inclined to enlarge the petitioner, Md. Warish, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned 3rd Addl. Sessions Judge, Hazaribag, in connection with S.T. No. 459 of 2012 arising out of Katkamsandi (Pelawal) P.S. Case No. 89 of 2012 corresponding to G.R. No. 1573 of 2012. R.Kr. ( H. C. Mishra, J.)