Ramlal Munda vs State of Jharkhand

D.K. Sinha, J.—Heard the counsel for the parties.

The petitioner is in custody since 21.2.2008 for the alleged offence under Sections 302/34. IPC as also u/s 27 of the Arms Act. The FIR was instituted against unknown by the brother of the deceased, who was living in a rented house in Ward No. 15 at Chakradharpur where he was in the active politics of the Congress Party.

Mr. M.K. Dey, learned Counsel for the petitioner, attracted the attention towards the impugned order that relying upon the statement of the witnesses recorded u/s 164, Cr PC namely Gulsan Munda, Liliya Das @ Lal Mohan Das and Sudhanshu Kumar the learned Sessions Judge rejected the prayer for bail of the petitioner in the murder case.

Learned Counsel pointed out that the petitioner was first arrested on 21.2.2008 and sent up for judicial custody without any memo of evidence and only thereafter the police started investigation. The witness Sudhanshu Kumar has simply re-produced the conversation which took place between Parwez and Jawed wherein Jawed admitted before Parwez about his hands in commission of murder of the deceased and the same cannot be treated as statement u/s 24 of the Evidence Act. Similarly, Liliya Das @ Lal Mohan Das in his statement u/s 164 of the Cr PC claimed having over heard the conversation amongst Sudhanshu Kumar, Parwez and Jawed and that Jawed was apprehensive in his interaction to be apprehended in connection with the murder of a leader of Congress Party at Chakradharpur and that the police was after him. In that manner, their statements cannot be termed as relevant. Mr. Dey submitted that without cogent and legal evidence and only on suspicion the petitioner is in custody for the last six months. The police has already submitted charge-sheet against 5 accused persons including the petitioner after investigation under Sections 302/34/120-B. IPC and 27 Arms Act.

In the circumstances the petitioner Ramlal Munda is directed to be released on executing ball bond of Rs. 15,000/- (Fifteen thousand) with two sureties of like amount each to the satisfaction of the SDJM, Porahat at Chaibasa in connection with Chakradharpur P.S. Case No. 23 of 2008 corresponding to G.R. Case No. 43 of 2008 with the conditions that the bailers would be the near relatives of the petitioner and that he would appear in the Court below regularly.