Jharkhand High Court
Jagarnath Das vs The State Of Jharkhand on 18 January, 2014
Author: R.R. Prasad
Bench: R.R. Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 166 of 2014
Jagarnath Das ... ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. K.P. Deo, Advocate
For the State : A.P.P.
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2/18.01.2014Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State.
The petitioner is an accused in a case instituted under Section 304B of Indian Penal Code.
Learned counsel appearing for the petitioner submits that earlier prayer for bail of the petitioner was rejected by this Court but keeping in view the fact that no independent witnesses had supported the case of the prosecution and that some of the witnesses are still to be examined, trial was directed to be concluded within four months failing which the petitioner was given liberty to move for bail. Now the situation is the same which was there on the date when the prayer for bail of the petitioner was rejected by this Court and hence it can be said that there is no likelihood of early conclusion of trial in near future.
Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Jamshedpur in S.T. No. 491 of 2012.
(R.R. Prasad, J.) AKT IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6923 of 2013 Mohan Oraon ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. Mohit Prakash, Advocate
For the State : A.P.P.
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7/18.01.2014 Heard learned counsel appearing for the petitioner and learned
A.P.P. appearing for the State.
The petitioner is an accused in a case instituted under Sections 364/34/201/302 of Indian Penal Code and Sections 3/4 of Prevention of Witch Craft Practices Act.
Learned counsel appearing for the petitioner submits that earlier prayer for bail of the petitioner was rejected by this Court but while rejecting the prayer for bail of the petitioner, the Court keeping in view the report submitted by the trial court directed the trial court to conclude the trial within three months. In spite of passing of three months, trial could not be concluded, as the witnesses were not examined by the prosecution. When it had been stated at earlier occasion, a report was called for from the court concerned as to why the case could not be disposed of within the time as had been stipulated under letter dated 25.9.2013, a report has been submitted where it has been stated that in spite of issuance of warrant of arrest and the other processes, the witnesses did not turn up and under the circumstances, the petitioner has been renewing his prayer for bail, as the petitioner has remained in custody since 26.4.2010 and that the witnesses examined in the case have not supported the case of the prosecution.
Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-I, Gumla in S.T. No. 249 of 2010, on the condition that the petitioner will appear before the court below on each and every date.
(R.R. Prasad, J.) AKT IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 11345 of 2013 Arun Sabar ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. Soumitra Baroi, Advocate
For the State : A.P.P.
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5/18.01.2014 Heard learned counsel appearing for the petitioner and learned
A.P.P. appearing for the State.
The petitioner is an accused in a case instituted under Sections 392/395/412 of Indian Penal Code.
Learned counsel appearing for the petitioner submits that earlier prayer for bail of the petitioner was rejected by this Court vide order dated 24.11.2012 but the petitioner has been renewing his prayer for bail, as the petitioner, who is an accused in a case registered under Sections 395 and 412, has been in custody since last two years and that there is no likelihood of early conclusion of trial in near future.
Regard being had to the facts and circumstances as well as the period of custody, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-II, Ghatsila in S.T. No. 259 of 2012, on the condition that one of the bailors must be near relative of the petitioner and should be a man of means.
(R.R. Prasad, J.) AKT IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 10773 of 2013 Rahul Paswan ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. Devesh Krishna, Advocate
For the State : A.P.P.
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6/18.01.2014 Heard learned counsel appearing for the petitioner and learned
A.P.P. appearing for the State.
The petitioner is an accused in a case instituted under Sections 394 of Indian Penal Code.
Learned counsel appearing for the petitioner submits that earlier prayer for bail of the petitioner was rejected by this Court on 10.9.2013 but that rejection was confined to that stage. Now the petitioner has been renewing his prayer for bail, as he has remained in custody for about 16 months in a case, which has been registered under Section 394 of Indian Penal Code.
Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Civil Judge (Junior Division)- VII, Garhwa in connection with Manjhion P.S. Case No. 128 of 2012 arising out of G.R. No. 1140 of 2012.
(R.R. Prasad, J.) AKT IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. ---- of 2013
----- ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. ----, Advocate
For the State : A.P.P.
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2/18.01.2014 Heard learned counsel appearing for the petitioner and learned
A.P.P. appearing for the State.
The petitioner is an accused in a case instituted under Sections ----- of Indian Penal Code.
Learned counsel appearing for the petitioner submits that earlier prayer for bail of the petitioner was rejected by this Court vide order dated 31.8.2007 but while rejecting the prayer for bail of the petitioner, liberty was given to him to renew his prayer for bail after undergoing half of the sentence of maximum sentence imposed and now the appellant has served exactly two years as against the maximum sentence of four years and, therefore, the petitioner be admitted to bail.
Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ranchi in connection with --- P.S. Case No. ---- of 2013 arising out of G.R. No. --- of 2013.
(R.R. Prasad, J.) AKT