Jharkhand High Court
Sunil Kumar vs The State Of Jharkhand on 7 September, 2012
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.6449 of 2012
Sunil Kumar. ......Petitioner.
Versus
The State of Jharkhand. .......Opposite Party.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. Chandrajit Mukherjee, Advocate.
For the State : A.P.P.
02/07.09.2012: The petitioner is an accused in the case registered under Sections 354, 376, 511, 420, 469, 471 and 292 of the Indian Penal Code and Section 66 (C)/67(A) of the Information Technology Act, 2000.
Learned counsel for the petitioner submitted that though the petitioner's prayer for bail was earlier rejected, he has remained in custody for more than two years; earlier trial commenced and some witnesses were examined, but no witness has been produced after March, 2012; there is no likelihood of conclusion of the trial in near future; the petitioner has been made accused under Section 376 of the Indian Penal Code without any basis, no offence under Section 376 of the Indian Penal Code is made out against the petitioner; the petitioner is a local permanent resident; there is no chance of his absconding.
Learned A.P.P. opposed the petitioner's prayer for bail and submitted that there are several material against the petitioner, the trial is in progress and he does not deserve to be released on bail at this juncture.
Regard being had to the nature of the allegation and stage of the trial, I am not inclined to release the petitioner, above named, on bail.
Accordingly, petitioner's prayer for bail is rejected. However, since the petitioner is in custody for more than two years, the Court below shall expedite his trial. If the petitioner's trial is not concluded by 31st January, 2013, the petitioner shall be released on bail on furnishing bail bond and surety to the satisfaction of the learned Trial Court.
(Narendra Nath Tiwari, J.) Sanjay/