Jharkhand High Court
Bhagha Yadav @ Sevachand Mahto @ Bagha ... vs The State Of Jharkhand ... ... Opposite ... on 18 October, 2019
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1337 of 2019
Bhagha Yadav @ Sevachand Mahto @ Bagha Yadav
... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Kamdeo Pandey, Advocate For the State : Mr. Moti Gope, A.P.P.
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07/18.10.2019 Heard the learned counsel for the parties.
The petitioner is an accused for the offences punishable under Sections 304-B/34 of the Indian Penal Code, in connection with S.T. No. 349 of 2015, pending in the court of the learned Addl. Sessions Judge-IV, Giridih.
The learned counsel for the petitioner submits that the bail applications of the petitioner were earlier rejected twice firstly, vide order dated 18.01.2017 passed in B.A. No. 9927 of 2016 and thereafter, vide order dated 10.11.2017 passed in B.A. No. 8147 of 2017. By way of present bail application, the petitioner has renewed his prayer for bail. The petitioner is the husband of the deceased. The main reason for filing of the present bail application is that the petitioner is in judicial custody since 08.08.2015 and the trial has not yet been concluded. At least, considering the length of judicial custody, the petitioner may be given the privilege of regular bail.
The learned A.P.P. opposes the petitioner's prayer for bail. The report submitted by the District & Addl. Sessions Judge-IV, Giridih vide letter no. 425 dated 07.08.2019 reads as under:
"1. The case record was fixed for Arguments on 04.02.2019. In course of arguments, it has been found that Viscera Report is not available in the case record and Letter No. 81/2019 dated 14.02.2019 has been sent to FSL, Ranchi for the Viscera Report.
2. On 05.04.2019, Viscera Report was received from FSL, Ranchi vide Letter No. 1080 dated 01.04.2019. Thereafter, Prosecution has filed a petition under Section 293 Cr.P.C. to mark exhibit Viscera Report and the case record was posted for hearing on the petition. Defence has filed rejoinder on 28.06.2019 and presently the case is posted for Hearing on the petition filed by the prosecution under Section 293 Cr.P.C."
It appears from the report that the case was fixed for arguments on 04.02.2019. In the meantime, the prosecution has filed an application under Section 293 Cr.P.C. to get the Viscera Report exhibited. Presently, the case is fixed for decision on the said issue.
Having heard the learned counsel for the parties and considering the fact that the bail applications of the petitioner were rejected twice on merit and the petitioner has not made out any fresh ground for reconsideration of his prayer for bail, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.
(Rajesh Shankar, J.) Manish