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[Cites 11, Cited by 2]

Jharkhand High Court

Rajdeo Yadav @ Mukesh Yadav @ Mukeshjee @ ... vs State Of Jharkhand on 25 March, 2011

Author: Narendra Nath Tiwari

Bench: Narendra Nath Tiwari

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                B.A. No.8562 of 2010

                 Rajdeo yadav @ Mukesh Yadav @ Mukeshjee
                 @ Suraj Deo yadav                       .... Petitioner
                                        Versus
                 The State of Jharkhand                   ...O.P.

                 Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

                 For the Petitioner            : Mr. A.K.Chaturvedi, Advocate
                 For the O.P.                 : APP
                                           -----

  3/25.03.2011

The petitioner is an accused in the case registered for the offence under sections 147, 148, 149, 341, 342, 427 of the Indian Penal Code, section 27 of the Arms Act, section 17 of Criminal Law Amendment Act and sections 3/4 and 5 of Explosive Substance Act.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case; he is in custody since June,2006; the evidences have been concluded, but till date the case has not been disposed of by learned court below; the Presiding Officer of the court in which sessions trial was going on is not available; petitioner is, thus, deserved to be released on bail.

Learned APP opposed the prayer for bail of the petitioner and submitted that the petitioner is named accused and there are several materials against the petitioner; the trial is at the concluding stage.

Regard being had to the nature of allegation and also the stage of the case, I am not inclined to release the above named petitioner on bail. Accordingly, the prayer for bail of the above named petitioner is rejected.

However, since the petitioner is in custody for about five years, the trial shall be expedited. If the trial is not concluded by 30th June, 2011, the petitioner shall be released on bail on furnishing bail bond and sureties to the satisfaction of learned trial court.

( Narendra Nath Tiwari, J.) s.b.