Jharkhand High Court
Md. Sarfaraz Khan @ Sagar vs The State Of Jharkhand ... Opp. Party(S) on 5 September, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4750 of 2018
Md. Sarfaraz Khan @ Sagar ... Petitioner(s).
Versus
The State of Jharkhand ... Opp. Party(s).
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) : Mr. R.S. Mazumdar, Sr. Advocate
: Mr. Rajesh Kumar, Advocate.
For the State : A.P.P.
For the informant: Mrs. Jashodhara Tripathy, Advocate.
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05/05.09.2018: Heard the counsel for the parties.
The petitioner is an accused for the offence punishable under Sections 364, 302, 201, 379, 120B, 363 and 365 of the Indian Penal Code.
The son of the informant was murdered. On 7.3.2018 the dead body was recovered from railway track.
Learned senior counsel for the petitioner submits that save and except suspicion, there is nothing against the petitioner. He further submits that the sister of the deceased was having some affair with the petitioner and this is the main cause of implicating the petitioner in this case. He also submits that though it is alleged that the petitioner was seen with the deceased but from the CCTV footage, it appears that one Md. Irshad Ansari and the deceased were seen together.
Learned A.P.P supported by the informant opposes the prayer for bail and submits that the sister of the deceased was having some affair with the petitioner, which was objected by the deceased and therefore the petitioner has committed the murder of the deceased. The counsel for the informant submits that the petitioner has confessed his guilt. She further submits that on 6.3.2018 one of the witnesses had seen the deceased in the company of this petitioner but she does not controvert the fact that there is evidence in the case diary which suggests that from the CCTV footage in ATM Machine, the petitioner was not present with the deceased, rather, it is one Md. Irshad Ansari who was found with the deceased.
In view of the aforesaid fact, I am inclined to release the petitioner on bail. Accordingly, 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 to the satisfaction of the learned CJM, Dhanbad, in connection with Jogta P.S. Case No. 11/2018, corresponding to G.R. No. 828 of 2018.
Anu/-C.P.-3 (ANANDA SEN, J.)