Navin Singh vs The State Of Jharkhand
2021 Latest Caselaw 491 Jhar

            IN      THE     HIGH     COURT      OF     JHARKHAND                 AT      RANCHI
                            Criminal Appeal (D.B.) No. 146 of 2020

            Navin Singh
            @ Navin Kumar Singh                                        ..... ...        Appellant
                                           Versus
            The State of Jharkhand                                     ..... ...          Respondent
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA : HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. J.S. Singh, Advocate. For the respondent-State : Mr. Tarun Kumar, A.P.P.

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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 1487 of 2020.

04/ 02.02.2021 Heard learned counsel for the appellant and learned counsel for the State, on the interlocutory application, filed on behalf of the sole appellant, for granting bail, during the pendency of this appeal.

The appellant has been convicted and sentenced for the offence under Section 302 of the Indian Penal Code.

The deceased had gone to the house of the appellant and the informant, who is wife of the deceased, was informed by the mother of the appellant that there was some quarrel between the appellant and the deceased and the appellant had assaulted the deceased by the wooden handle of the axe. The wife of the deceased went to the house of the appellant and found the deceased in the injured condition, subsequently the deceased died.

It is submitted by learned counsel for the appellant that the mother of the appellant, who had given the information to the informant has turned hostile and not supported the prosecution case, and even the informant, in her evidence, has stated that her husband was not in a position to speak, when she reached the place of occurrence. Learned counsel, has accordingly, prayed for bail.

The impugned Judgment clearly shows that at the place of occurrence, the blood was found scattered and the confessional statement of this appellant had led to the recovery of the weapon of offence.

In the facts of the case, we are not inclined to release the appellant Navin Singh @ Navin Kumar Singh, on bail. Accordingly, his prayer for bail is rejected.

The aforesaid interlocutory application stands dismissed.

( H. C. Mishra, J.)

(Rajesh Kumar, J.) Amitesh/-