Jharkhand High Court
Masicharan Purti @ Masicharan Sandi ... vs The State Of Jharkhand ..... Opposite ... on 7 February, 2018
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 6881 of 2017
Masicharan Purti @ Masicharan Sandi Purti
..... Petitioner
-V e r s u s-
The State of Jharkhand ..... Opposite Party
.....
CORAM: HON'BLE MR. JUSTICE ANANDA SEN .....
For the Petitioner : Mr. A.K.Chaturvedy, Advocate
For the State : A.P.P
.....
7/7.02.2018 Heard learned counsel appearing for the petitioner and the
learned counsel for the State, who opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 147, 148, 149, 353, 307, 302, 121, 326, 379, 427 of the Indian Penal Code, Section 27 of the Arms Act, Section 3/ 4 of Explosive Substance Act and Section 17 of the Criminal Law Amendment Act.
The petitioner is named in the F.I.R. The petitioner is in custody since 28.09.2013.
The status report was called for from the trial Court. The trial Court vide its report dated 29.1.2018 has informed this Court that charge has already been framed on 24.07.2014 and there are 11 charge-sheet witnesses, but till date not a single witness has been examined in this case by the prosecution.
From the aforesaid report it is quite clear that the prosecution has failed to produce a single witness in these 3 ½ years.
Thus because of the failure of the prosecution, the petitioner should not languish in custody for an indefinite period. The petitioner, namely, Masicharan Purti @ Masicharan Sandi Purti is directed to be released on bail on furnishing 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-I at Khunti, in connection with Rania, P.S. Case No. 15 of 2004, corresponding to G. R. No. 285 of 2004 (S.T. No. 163 of 2014), with a condition that the petitioner will appear before the court below on each and every date during trial.
(Ananda Sen, J.) Amar/cp3