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.