PRAKASH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the petitioner and the learned A.P.P. for the State. The petitioner is in custody since 10.06.2014 in connection with Pathargama P.S. Case No. 78 of 2014 corresponding to G.R. No. 743 of 2014 for the offences under sections 302/201 of the Indian Penal Code, pending in the Court of learned Sub -Divisional Judicial Magistrate, Godda.

(2.) LEARNED counsel for the petitioner submits that by the allegations made in the FIR or even the statements which are attributed to the witnesses, allegations against the petitioner is only to the effect that he was last seen with the deceased. It is submitted that even the incidence of last seen in the evening at 4.45 p.m. at local hatia where the deceased had also gone, is taken into account, the next event of the body of the deceased having been discovered is of the next date and therefore, petitioner has been falsely implicated in the instant case. It is submitted that there is distinct possibility that the deceased could have gone with someone else and might have been killed thereafter. Therefore, he may be enlarged on bail.