Ashok Kumar Singh vs The State of Jharkhand

Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner has been made accused in connection with Golmuri P.S.

Case No.312 of 2010, corresponding to G.R No.3235 of 2010, S.T. No. 329 of 2011 / 355 of 2011, for the offence under Sections 324, 326, 307, 302 / 34 of the Indian Penal Code and Section 27 of the Arms Act.

The case relates to murder of the brother of the informant and the case was instituted against unknown. In view of the fact that the self-incriminating confessional statement of the petitioner had led to the recovery of the firearm, the earlier four bail applications of the petitioner were rejected on merits.

Learned counsel for the petitioner has renewed the prayer for bail.

In the facts of this case, I am not inclined to release the petitioner on

bail. Accordingly, the prayer for bail of the petitioner Binod Khatri @ Vinod Khatri, is hereby rejected.

At this point learned counsel for the petitioner submits that the wife of the petitioner is suffering from paralysis in her lower limbs and she has been recommended for treatment to higher centres urgently. In this connection the petitioner has brought on record the prescriptions of the Professor and Head of the Department, Orthopaedics Department, M.G.M. Medical College & Hospital, Jamshedpur, as also of an Associate Professor, Department of Orthopaedics, M.G.M. Medical College and Hospital, Jamshedpur. Learned counsel has prayed for provisional bail for getting his wife treated.

In view of the medical prescriptions brought on record, I am inclined to release the petitioner on provisional bail for a period of two months for getting his wife treated at a higher centre, provided the petitioner makes the deposit of Rs.1,00,000/- (One Lakh) in the Court below as security.

If the petitioner deposits the demand draft of Rs.1,00,000/- drawn in favour of JHALSA, Ranchi, the petitioner shall be released on provisional bail for a period of two months from the date of his release, upon furnishing the bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII, Jamshedpur, in connection with, Golmuri P.S. Case No.312 of 2010, corresponding to G.R No.3235 of 2010, S.T. No. 329 of 2011 / 355 of 2011.

The petitioner must surrender in the Court below on or before the date of expiry of the provisional bail, failing which the demand draft deposited by the petitioner shall stand forfeited and it shall be sent to JHALSA for being deposited in its account.

In case the petitioner surrenders in the Court below on or before the date of expiry of his provisional bail, the demand draft deposited by the petitioner shall be returned back to him.

This application stands disposed of with the directions as above.